Divorce, selling house, Ex refuses to work..

kitemerlin

Im in the process of getting divorced.
I have moved out of the family home & back to my parents for my own well being.
The wife has stayed in the family home which I have being paying everything for her. We have 2 children - 3 year old and 6 Year old which are equally shared.
The house is going to have to be sold. Although I have put all my savings down as a deposit and put her name down as a joint mortgage I am happy to split the left over money in half.
Now she refuses to go back to work and has started to claim benefit.
She will need somewhere to live. She cant be seen to being made intentionally homeless. There is not much equity in the house.

Advise please!

RAS

If she is claiming benefits, why is she not claiming the mosrtage interest?

You need to pay 20 % of your salary as CSA and no more (less any deduction for nights when you have the children although you might want to ignore that until things calm down a bit.

The financial settlement will be made as part of the divorce; if she refuses to sell, you will have to go to court, although you may not need a lot of legal help.

Go to wikidivorce and speak to Families need Father.

[Deleted User]

you need a solicitor,as opposed to well meaning internet "experts"

BigAunty

See the Shelter website for basic info on your options - they have a relationship breakdown section. Again, you need proper legal advice.

Also, see the section on homelessness on the Shelter website - this tells you exactly how a local council processes an application and what 'intentional homelessness' is. Any reason why she won't move out into private accommodation? In England now, a local council doesn't have to give social housing to the homeless but can provide a single offer of a 2 year tenancy in suitable private accommodation. Is she holding out for social housing? Which country are you in?

Sometimes a court will give an occupation order for the parent with care of the children to remain in the property until the youngest turns 18 - do you know if she is taking legal advice with a view to remaining in the home?

Has she given permission for the property to be sold? It can't proceed without the permission of the other owner. However, you may find that she consents in theory to the sale but sabotages the viewings and makes it unsellable. On the housing forum, many prospective house buyers find that divorcing couples are a nightmare to buy from because the reluctant one won't agree a sale price or sign any legal paperwork for the sale. Does she show any enthusiasm for moving on or does she believe that it's her right to live there and it's her actual home?

mrs_motivated

OP woodbine is right, I am recently divorced and got lots of well meaning advice BUT a good solicitor is vital.

martinthebandit

As others have said, get a good solicitor and just as important then do what your solicitor advises you to do.

merlin68

She'll have to work when youngest is 5 anyway.