Bad situation - need to divorce/unwell unable to work

tightauldgit

beckyben89 said:

tightauldgit said:

Your rights are that should you divorce you would be entitled to a fair share of the marital assets - probably 50% as a starting point. If you are divorcing solely to get quick access to funds then bear in mind that it may take some time to go through the courts and get a financial settlement. You may be able to make a settlement offer to your husband for less than you would otherwise be entitled to in exchange for a quick settlement.

You won't be able to sell the house without your husband agreeing to the sale presuming he's on the deeds.  

I am sure he will agree to sell house. I am willing to wait a year for it to sell. I wouldn't settle for less than 50%. I cannot work again in my condition, where he can. 

If it goes through the courts then I would not expect a financial settlement to be agreed in a year. Equally if you aren't willing to compromise then I don't see why your husband would agree to settle with you quickly based on the information you have provided. 

It seems you may have posted some other threads with more background on this which I'm unaware of. Is your inability to work due to the condition a medical diagnosis or a decision you have made yourself as I think that a medical diagnosis saying you are unable to work would help in a claim for spousal maintenance. 

As others have asked, where would you expect to live after the house is sold? 

Gavin83

wilfred30 said:

If you sell the house, where will you live?

This is a very good question. The OP has already stated they can't work so therefore will struggle to get a mortgage or pay rent. The council is highly likely to take a dim view of anyone approaching them for housing who has disposed of their assets and refuse help. The OP could, in effect find themselves homeless.

london21

OP you have to look at it from all angles logically.

Be calm and don't rush into things as divorce, selling assets etc all take time. 

Also on the forum, you posted, and people are giving you suggestions trying to assist, take what is helpful and leave the rest no need to get upset/angry. 

TBagpuss

A finacial settlement is based on splitting assets (all assets, not just those in joint names, so would includeanything such as pensions either of you have in your sole names) in a way which is fair taking into accountall circumsntaces. This includes your repective finacial needs and your respective incomes and earning capacities.

SO if you have disabilities which mean you can no longer work, or have limited earning cacity, and/or that your disability may mean you require a particualr type of property or an adapted property, those are things which might mean it was fair for you to have more than 50%. Factors such as your respective ages and how long you were married / together for will also be relavant.