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what age can house be sold if children are living in

4 replies

Lessy71 · 29/07/2021 13:59

Hello everyone quick question .what age can can house be sold if the children are living with me already in the fmh if they are classed as being disabled normally i do believe its normally 18 years old .but due the children being special needs was told it was 25 years old or until there get better which they will not sadly .ex wife cleared off 3 years ago left with with three kids (her loss) not even birthday or Christmas cards present nothing .one children said to me one day 'is because iam disabled she left daddy ....no isaac not at all ... poor kid

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Boulshired · 30/07/2021 23:08

It might be worth asking this in the legal section.

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Lessy71 · 31/07/2021 00:17

Thanks

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Intercity225 · 04/08/2021 21:46

Really you need to seek legal advice, but apparently:

"The housing welfare of minor children are a paramount but not over riding consideration. It all depends on how much there is in the pot to pay for the future housing needs of the divorcing parties/spousal maintenance etc, but if a house has to be sold deferral may be extend to majority or end of higher education of a relevant child, but often its a case of the bigger share of the equity usually to the wife in return for a clean break provided they still have enough money to pay for a mortgage if one is needed. It's not a simple issue."

See:

Guidance on financial needs divorce 2nd edition April 2018 pdf

It looks to me from that view, that you are looking at age 18 or the end of higher education of the children. No mention here of age 25 or when the children are "cured" or not.

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10brokengreenbottles · 05/08/2021 11:55

I agree with seeking legal advice.

Mesher orders aren't favoured now other than very exceptional circumstances, a clean break is preferred.

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