Dividing of property...

pixie76

If or when you got divorced or separated from your spouse/partner what did you do with the property? Did you sell your half to them or put the place up for sale and split the profits?

kingfisherblue

We have children together, one disabled. Our disabled child will need care for the rest of his life - he will never be independent. My ex wanted me to sell the house immediately, but with three children under eighteen and an adapted house, I didn't give in. Eventually we ended up in court. The judge ruled that the house is to remain my disabled son's home for as long as he needs it - even through adulthood. He put in a clause that if my chil;d dies before my youngest turns 18, we were to remain in the house until the youngest finishes school after his eighteenth birthday (he will be 18 in November, but the school year will not finish until 31st August). This is to ensure that all three children have a home throughout their childhood and so that there is no disruption to their schooling.

Assuming my disabled child lives to be an adult - and there is no reason to think he won't, as his conditions are not life limiting - the house is only to be sold on either my son's death, my death, or if I marry or cohabit for a period of six months or more. The judge said that it is the responsibility of both parents to provide a home for our disabled child and that he should not be moved from an adapted house which is the only home he has ever known.

My ex already has another house with his new family - he moved in a few months after he left us. This was taken into consideration by the judge.

I get help with the mortgage and pay the remaining amount that is not covered by SMI. I also pay the endowments and insurances, and have done since my ex left. I will be responsible for the rest of the mortgage and for any shortfall in endowment pay outs. When the house is eventually sold, any remaining mortgage is to be paid off and any profits will be divided equally between myself and my ex.

I believe that when a parent stays in tthe marital home with the children, and the house is sold and profits divided at a later date, it is called a Mesher Order. Mine is obvioulsy a bit different to most people's, as my circumstances are unusual.

escortg3

pixie76 wrote: »

If or when you got divorced or separated from your spouse/partner what did you do with the property? Did you sell your half to them or put the place up for sale and split the profits?

I signed my share over to my two children. They only get there share if there dad sells up and doesnt buy another property or he dies.

If you have young children then obviously they need a roof over their heads. if not then depends whether you need the money. If you need it to get another place then one can buy the other out or if they cant afford to do that then the property gets sold and the profit is split.

Pee

kingfisherblue wrote: »

We have children together, one disabled. Our disabled child will need care for the rest of his life - he will never be independent. My ex wanted me to sell the house immediately, but with three children under eighteen and an adapted house, I didn't give in. Eventually we ended up in court. The judge ruled that the house is to remain my disabled son's home for as long as he needs it - even through adulthood. He put in a clause that if my chil;d dies before my youngest turns 18, we were to remain in the house until the youngest finishes school after his eighteenth birthday (he will be 18 in November, but the school year will not finish until 31st August). This is to ensure that all three children have a home throughout their childhood and so that there is no disruption to their schooling.

Assuming my disabled child lives to be an adult - and there is no reason to think he won't, as his conditions are not life limiting - the house is only to be sold on either my son's death, my death, or if I marry or cohabit for a period of six months or more. The judge said that it is the responsibility of both parents to provide a home for our disabled child and that he should not be moved from an adapted house which is the only home he has ever known.

My ex already has another house with his new family - he moved in a few months after he left us. This was taken into consideration by the judge.

I get help with the mortgage and pay the remaining amount that is not covered by SMI. I also pay the endowments and insurances, and have done since my ex left. I will be responsible for the rest of the mortgage and for any shortfall in endowment pay outs. When the house is eventually sold, any remaining mortgage is to be paid off and any profits will be divided equally between myself and my ex.

I believe that when a parent stays in tthe marital home with the children, and the house is sold and profits divided at a later date, it is called a Mesher Order. Mine is obvioulsy a bit different to most people's, as my circumstances are unusual.

This sounds like a fair and just soloution. I suppose statistically if we have enough court cases there will be some where the balance is right! I'm very pleased for you and your son that this had been arranged.

kingfisherblue

Pee wrote: »

This sounds like a fair and just soloution. I suppose statistically if we have enough court cases there will be some where the balance is right! I'm very pleased for you and your son that this had been arranged.

Thank you. My ex isn't happy with the arrangement - after all, if our son only dies when he is in his sixties (his life expectqancy is around 65), then my ex will either be in his nineties, or will have passed away. This is asssuming I am still alive when my son dies, and that my son remains in the family home for the rest of his life.

If my ex dies before he can have his share of any profits, it will go to his estate.

The judge explained that usually, when a Mesher Order is in place, the person waiting for their share of the house (in this case, my ex), they would be entitled to a higher percentage because they have been unable to use their share towards another property or otherwise spend/save the money as they want. However, in our case, we are both responsible for providing a suitable home for our son and the judge felt that this was the fairest way. My ex now lives in another town, some distance away, so he will not be able to offer our son a home as it would be too far from family, hospitals, social worker, friends, etc - and the judge was keen to keep everything as static as possible as our son has very complex needs.

I also feel that the judge was less than impressed when my ex said that our son was 'not as disabled' as I said - I had to get evidence to back up my child's needs, including letters from his consultant and from Social Services. This included information about my son's future and his inability to become independent.

I can understand my ex not being too happy about the court ruling, but all I wanted was some security for my son's future. I was surprised that the judge awarded me the house according to the details set out in my previous post, as I didn't know this was possible. However, my son is the most important person in this. He cannot help his disabilities.

A few months ago, after my ex married the woman that he left me for, he started talking to me again. He doesn't mention the house, but is willing to help with small repairs that I cannot manage. This is a complete turnaround, as he refused to speak to me at all for a long time. He wouldn't even listen to anything I tried to tell him about our children (what doctors or teachers had said, etc). Life is so much easier now, especially for the children, as he is pleasant towards me, which must surely be a good thing for the kids.