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What would a court decide?

(8 Posts)
Littlebluetoo Sat 27-Oct-12 15:17:53

74/72 yo couple. Wife decides she doesn't want to live with husband and she wants her half of the money from their house. She will move in with daughter. Husbands half of the money will not be enough for him to buy his own place. Rents high in the area. Given the wife has somewhere to live do you think they could MAKE him sell up?

lisaro Sat 27-Oct-12 15:21:28

Yes, I would think so, she has a right to her share of the equity, whatever her age.

GruesomewhereInCanada Sat 27-Oct-12 15:27:58

Are there any other assets? Could he buy her out? If not, a 50/50 split is likely.

He needs to see a Solicitor. If the house is jointly held he should sever the joint tenancy. If he doesn't and he dies, wife gets the whole house. If he severs it, she only gets 50% and he can leave his share to whoever he wishes in a new Will.

izzyizin Sat 27-Oct-12 15:28:39

In a word, yes.

If he has no other way of satisfying his wife's claim to whatever the Court determines is her entitlement to a share of the joint assets of the marriage, this man will have little choice but to sell up and either rent or downsize/buy in a less costly area.

Littlebluetoo Sat 27-Oct-12 19:55:08

Oh dear. I thought that might be the case.... It's really a very sad situation but thanks for the input!

STIDW Sat 27-Oct-12 20:37:50

In England & Wales there is no law that assets are shared 50:50 on divorce, or at least it's an oversimplification of the law. Sharing 50:50 only applies when there are enough assets to meet the needs of both parties (in particular for housing!) and there was no exceptional contribution from one party. Otherwise a checklist of factors is referred to and usually needs comes at the top or near the top of the list.

The wife will be housed and a court would want to ensure both parties are adequately housed which may justify a larger share in favour of the husband or even deferring a sale of the house. A family solicitor in possession of all the details is in the best position to advise where he stands and what options there are in his particular case.

Collaborate Sat 27-Oct-12 22:45:33

I agree with STIDW. It's not clear cut. If ordering the sale of the property means the needs if neither will get met (and both become a burden on the state?) sale of the property might be deferred.

Littlebluetoo Sat 27-Oct-12 23:44:30

I think he would become a "burden on the state" and he also has had mental health issues in the past which will not be helped if he is homeless.

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