I have posted in chat but didn't pick up much traffic.
My friend is a foreign national and she is divorcing her English DH. 2 DC aged 7 and 5.
The divorce is acrimonious and he is putting her under a lot of pressure to take a deal that seems quite unfair. She is SAHP to their DC and has done basically all the childcare.
The couple have about £75k equity in the house, but her FIL put in £150k (it's on the deed as a lump sum, not a percentage, she has checked.
The DH is offering to buy her out of the house and says she can't stay as his dad doesn't want her there. He's offering her £35k.
She is not sure that she can house herself and get a job (out of job market for 8yrs!) and be able to afford childcare to have the job. She's working on it but she will need to sort out her residency because at the moment it's not clear she is entitled to work here. The DH knows this and has said that since he will have the house and his DM will do childcare while he works, he can have residency of the children. He thinks the courts will give him residency because whatever housing she sorts will be precarious because of the work issue. He has not looked after the children regularly at all. He thinks he will be able to force her out of the house and keep the children.
One really helpful suggestion on the other thread was to get an HR1 form for the land registry, asserting her right to live in the matrimonial home, we're doing that right now.
My questions are:
Does £35k to leave the family home and losing residency seem like an equitable outcome that the family courts will support?
How much does a SHL cost to negotiate this?
What should she be asking for and expect out of this situation?
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Relationships
Those of you with SHL helping you with divorces
5 replies
OutsSelf · 27/10/2016 20:21
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