Divorce- wife won't be able to afford a mortgage

tigergreen18

Recently separated and will shortly be putting in an application for a divorce. 
My wife has moved away to another area and does not wish to stay in the marital home. She has taken our child with her and we are currently going through family court.

She's had part time jobs throughout the 6 year marriage but is currently claiming benefits and not working.

I earn around 45-50k and am continuing to live in martial home. Its in my sole name but I'm aware that she's entitled to a share due to the marriage. There's roughly about 50k equity in the property.

I'm happy to give her a higher level of equity in the property and I'll carry on living in the property. I dont believe she'll be able to get a mortgage, even if she finds a job because the area she now lives in, is expensive.

Will the court be happy to finalise the divorce based on me living in a mortgaged property and her renting? Will they expect me to pay spouse maintenance because of the difference in income? 

Thanks 

DE_612183

Starting point for financial split is always 50/50 - but that includes all assets - house, cash, savings & pensions.

You will also have to pay child maintenance if the child lives with the mother.

The property cannot be look on in isolation.

BrassicWoman

are there any children?

DE_612183

BrassicWoman said:

are there any children?

He's says "she has taken our child" - so I presume 1

Mands

tigergreen18 said:

Recently separated and will shortly be putting in an application for a divorce. 
My wife has moved away to another area and does not wish to stay in the marital home. She has taken our child with her and we are currently going through family court.

She's had part time jobs throughout the 6 year marriage but is currently claiming benefits and not working.

I earn around 45-50k and am continuing to live in martial home. Its in my sole name but I'm aware that she's entitled to a share due to the marriage. There's roughly about 50k equity in the property.

I'm happy to give her a higher level of equity in the property and I'll carry on living in the property. I dont believe she'll be able to get a mortgage, even if she finds a job because the area she now lives in, is expensive.

Will the court be happy to finalise the divorce based on me living in a mortgaged property and her renting? Will they expect me to pay spouse maintenance because of the difference in income? 

Thanks 

If your earnings are in the 50k range and she's been working part time what are both of your pension valuations? There is likely to be a significant difference and those numbers need to be added to your calculations. 

AskAsk

as someone had said, there will be child maintenance, if this is not already paid.  spousal maintenance if she can't work because of the responsibility of looking after a young child but this will be restricted and not dished out unless really needed.

the court will look at all assets, including pension, investments, savings, personal possessions, and current and future potential earnings.

if you earn a decent income and she doesn't and with a child to look after, you will most likely come out the worst in the divorce so brace yourself, it is not going to be good i am afraid.

Hoenir

DE_612183 said:

Starting point for financial split is always 50/50 - but that includes all assets - house, cash, savings & pensions.

You will also have to pay child maintenance if the child lives with the mother.

The property cannot be look on in isolation.

The court automatically steps in between the warring parties and assumes Guardianship of the child. Any settlement will take into account their welfare. 

tigergreen18

Hi, Thanks for replies.

Yes, one child, she's 7.

I've only got a small pension( about 7k) she hasn't got one. 

Not sure if its relevant but she's not a British national but has got ILR. 

Only a small amount of savings so there won't be enough ' in the pot' to enable her to get a mortgage. It's unlikely too because she's moved to an expensive area and I can't see her getting a well paid job because she hasn't got any formal qualifications.

I would have been happy for her to stay in the martial home but she doesn't want to stay in the area and has chosen to move over 120 miles away.

I'll go and speak to a solicitor soon but just wanted an idea of the likely outcome.

elsien

Spousal maintenance is rare and if awarded is likely to be time limited. Sibling paid for a couple of years in order to allow the ex time to retrain because she’d been out of work for so long. 

His view is that if he had a better solicitor, he probably wouldn’t have to pay spousal maintenance at all. Ex could  have worked, but really didn’t want to. 

What are the child contact arrangements likely to be because that may also have an impact. Example, are you looking for half of all half terms and holidays?

tigergreen18

I've applied to the court for 50/50. I'm assuming with the distance it will probably end up being EOW and half holidays. 

AskAsk

tigergreen18 said:

Hi, Thanks for replies.

Yes, one child, she's 7.

I've only got a small pension( about 7k) she hasn't got one. 

Not sure if its relevant but she's not a British national but has got ILR. 

Only a small amount of savings so there won't be enough ' in the pot' to enable her to get a mortgage. It's unlikely too because she's moved to an expensive area and I can't see her getting a well paid job because she hasn't got any formal qualifications.

I would have been happy for her to stay in the martial home but she doesn't want to stay in the area and has chosen to move over 120 miles away.

I'll go and speak to a solicitor soon but just wanted an idea of the likely outcome.

i would look for a good solicitor to advice you on what is fair and if it is possible, try to work with your ex-wife on the asset split as arguments between the two parties will end up costly in fees.  it may be better for you to be erring on the generous side if there comes points of contention as that may result in cheaper loss than paying solicitors to argue over it.