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Divorce - What will happen to the family house

4 replies

TRIX33 · 26/03/2016 13:02

Hi it looking like me and the husband are getting a divorce I currently live in the family home with our 2 children 2 and 6 while he is living and working in Dubai - just wondering what will happen to the house - can he make us sell it / do we have a right to stay put etc thanks the mortgage is in joint names

OP posts:

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Belikethatthen · 26/03/2016 13:07

Everyone's situation is different so you will need legal advice.

My case went to court as we couldn't agree. The court ordered the house to be sold and I have two young disabled dc. It depends how much equity is in the home and if you could afford to buy him out. As there was a lot of equity in my house, there was enough to split the proceeds and for both of us move on.

It is a myth that the woman gets to stay in the family home until the children are 18 although a lot of people on mumsnet seem to think that is the case.

Of course as part of the financial settlement your dh might agree that you can stay, especially if there are other assets eg he could keep his pension.

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noisytoys · 26/03/2016 13:13

As above each case is different. I kept all of the equity in the house in return for taking on all the debts and my ExH retained all of his pension. It is worth speaking to a solicitor for advice because no two cases are ever the same.

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DarrenHardysDrongo · 26/03/2016 14:13

Has he now admitted to cheating, OP?

Agree with both PP about house, every case is different. How long have you been married?

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littleleftie · 26/03/2016 14:17

Agree you do need to get legal advice as nobody here knows all your financial and personal info.

I did get a mesher order which enabled me to stay in the house with DC until youngest is 18. XH name had to stay on the mortgage as at the time I was only working PT. I get 75% of equity when house is sold, in exchange for not making a claim on DH pension.

Is his income transparent? He should be paying a minimum of 20% of his net pay for the DC, and possibly spousal maintenance for you too.

I got free 30 mins legal advice from a local solicitor - many offer this service. Good luck

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