Marital home question

doodledoo_2

I apologise that I have re-registered with a different user name as I don't want to be recognised by my normal user name as this may cause complications.

Can anyone please advise on this?

In a marriage that may result in separation or divorce, the wife being the party that is "playing around" and the husband the innocent party, does the wife have automatic right to stay in the marital home when there are children involved. The mortgage is in joint names.

I may come back with other questions if that's alright.

Thanks.

daisy_doughnut_2

hiya
either party husband or wife who takes on the pwc role can apply to stay in the house till the youngest child is 17
daisy

silvercar

Innocence and blame don't get considered.

The bottom line is a home for the children. Usually the parent with the children will be entitled to remain in the family home BUT will either need to buy the other partner out now or agree to do so when the youngest is 18.

Generally a split giving the parent with care 70% of the equity in the property would be considered reasonable. So the other partner would be entitled to 30% of the equity in the future or now if the parent with care can afford to buy the other one out.

Say a house is worth £200k with a mortgage of £100k, the remaining equity is 100k (200-100) so the partner without care would be entitled to 30% of 100k=30k now. If the partner with care can afford to take on the mortgage and pay off the other one now, they could take the house.

If they can't afford to do that, the partner without care would be entitled to 30/200=15% of the house value at the time the youngest is 18.

If the marital home is considered to be excessive to needs and the partner without care needs to arrange somewhere to leave with room for children visits, a house sale can be forced. The one with care would then get 70% of the equity for a deposit on a home.

Felicity

Hi, I think you made a mistake with your post in that you replied with your 'normal name'.

I haven't quoted you so that you can hopefully go back to delete your post and hopefully nobody will have noticed.

doodledoo_2

Thank you so much Felicity, I could have been in big trouble! Now, let's see if I can remember the question!

Wife is playing all sorts of tricks to try to get husband to leave the marital home. He is getting a lot of sh*t but not reacting. She wants him to walk out, he wants her to walk out.

She is talking about "keeping the children". He would also like to be the main carer. How can this be resolved? Can the children decide who they want to live with and, if so, at what age can they make this decision?

kj*daisy

Some one I know was told it was around age 10 when children can say, but I'm not 100% sure that's correct. If in dispute the Court will decide. Would a 50/50 split of residence be possible? That may possibly affect position wrt to house.

loftus

There is no set formula for the division of assets. The primary aim will be to safeguard the future of any children. If there are enough assets for this to be done on a 50-50 split thats great, and here we are talking all assets - equity, savings, endowments, pensions. Often the PWC will trade assets to enable them to keep the house. If the house is deemed to be larger than is necessary ie one parent and one child in a 5 bedroomed house, then a sale may be ordered and the PWC given enough of the assets to purchase - with a mortgage or otherwise - a "suitable property".
If the NRP is granted a mesher then it will normally be a percentage of the equity realised at time of sale.

Mrs_pbradley936

If it is at all possible try to come to a voluntary arrangement rather than have a Court sort it all out. It will be easier, cheaper and less stressful. Lots of people do “separate” even if living under the same roof because there are no other feasible options. Perhaps you should offer to take the spare room and double up the children if necessary or take the sofa. If the other person knows you cannot be driven out it might make them more open to suggestions as to the way forward.

lisa76

my solicitor told me that the split on the equity of the house was 60 40 in favour of the one having responsibility of the child

i didn't want to move out of my house, and was worried that ex might make me, but solicitor said that he couldn't do that - or they would fight if needed to prove that with the money left in the equity and with a subsequent mortgage i wouldn't find anything adequate

in my case we tried to keep it as friendly as poss where money is concerned and i release 10% of the equity to give to him as a deposit on his new place. the remainding 30% does not have to be paid until either daughter finishes full time education/uni, i get married, live together or sell the house

so in answer to your question, i think you could force the sale of the house but this might result in proceedings - good luck

loftus

There is no "set split" - although money does tend to follow children. it will all depend on their circumstances.

doodledoo_2

Thank you all for your replies. This is a situation that has yo-yoed for a while, could be a case of wait and see.