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

Pollycat

You might find this of use:
UK's most visited website for free divorce advice (wikivorce.com)

pinkshoes

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.

With £50k equity and a £7k pension and very few savings, then could you offer her £35k cash lump sum? Would you be able to get a mortgage with only a £15k equity in the property?

You'd then have to pay child maintenance. Every other weekend and half school holidays sounds sensible and in the best interest of the child (as otherwise it's a LOT of travelling), but you could also install Skype on their tablet, set up an email address, then you could arrange to video chat one or two nights a week. (My 8 year olds do this with my parents as my parents live so far away!).

kaMelo

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 

Is she aware that, for benefit purposes, the value of her equity in the former marital home is only disregarded for six months. After six months (unless you're a single parent yourself) the value of her equity in the property will be counted in full as capital and, if it exceeds £16,000, will exclude her from all means tested benefits.

TBagpuss

Hoenir said:.

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

No, they don't. IT's extremely rare for a child tobe mad a ward f court of for a guardain to be appointed in a private divorce case.

What the court will do, in a case relating to a child, is to make a decision about which parent they live with /. how care is shared between the parents by determining what is in the child's besst interests, taking into account the Wlfare Checklist asset out in the Children Act.

When looking at finnces, the court looks at a range of factors to determine a fair outcome, one of which is the needs of the parties and of any childnre of the family, and the needs of any childnre are a high priority. 

OP - spousal maintenace is not common but can be ordered where appropriate - for example where a child is very young , or the paretn with care has been a stay at home parent or working very part time, short term sousal maintenace may be appropraite to allow that parent time to move towards finacial independence. 

If the stuation is that she does not want to stay in the family home, and the equity would not be nough to enable her to buy, then a court is less likely to have an issue with you retianing the house as the situation is that she will be in rented accomdation either way. However, if she was able to find somewhere - whether a shared ownership property or becasue of help from family, or becaue she changed her mind about staying in the house, then that mightchange the picture.