Divorce and financial

[mark53]

Situation
Married since 1994 (27 years)
All children moved on ( own family's)
No pensions or stocks n shares ..
No savings
Only joint asset is a park home £50k
Both me and her on benefits no chance of either of us to work due to illness
She left Sept 2017 almost 4 years now with new boyfriend
I live in park home ( matrimonial home )
She being awkward refusing amicable divorce
I know I can push for it but main goal for me is to Remain in home and let son pay her to buy her out as a gift to me ....so want amicability

So what's the likely outcome if it goes to court

Also where would you start the offer of a settlement??

Court would most likely go 50/50 but if it went to court it probably cost you both a considerable amount, which I’m guessing neither of you have. Potentially £10k each.

If your son is prepared to buy you ex wife out, I’d say £25k, and a DIY divorce

Thnxs for replying
Diy is the way I'd like to go .but
She is refusing a divorce right now even tho she is living with new boyfriend

Why can't you just have the park home as she's living with her boyfriend? She can't give you 25k if she hasn't got it so she may as well sign it over to you

Tell her you won’t buy her out until she agrees to
Divorce 🤷🏽‍♀️

You’re in the best position if you are in the former marital
Home

You can file for divorce anyway after 5 years without her consent

She really playing delaying tactics ...I don't really know why considering she's moved on ...New fella
Ok so she's had £6000 from son bk in Jan...she needed it for a deposit on her own place again a parkhome
She agreed to take it as a down payment on my home
How can I bring this into a financial agreement
Would it be counted

And will be 4 years in Sept 2021...

I don't understand what your asking for? You've got the marital hone so you've already had £25k that was her share and now you have it. Forget about her aon and his money that's irrelevant .

Parkhome is still jointly owned ...my son gave her the 6k bk in Jan....
I asking if the money she had ie 6k can be used in reducing the money she will be paid ie 25k minus the 6k ...leaving 19k
In the consent order if so how do I put that to her and a judge to been seen as fair ....

I wouldn't pay her anything! Why are you paying her? She has a home and you have a home and the court will probably be happy with that set up.

Also , how can you pay her if you don't have any money.

Thirdly- you do know that a park home isn't an asset do t you? It depreciates in value unlike a traditional house which appreciates in value.

No don't give her a penny.

Just leave her too it why would your son pay her any money
Just live there - and then whoever passes away first gets it and whatever it's worth

I know someone who had a static and tried to sell it after 15 years and none of the estate agents would touch it - ended up being scrapped as it was in a state of disrepair - they're money pits really and end up being worth nothing so definately don't part with yours or your families cash

File for a divorce. Desertion and adultery.

Sorry just re-read
Your son has already given her 6k she'd have been better renting a normal proper house and claiming housing benefit - what is the obsession with living in a caravan???

You don't seem to be getting very good advice

Go to citizens advice and get some proper help but do not part with another penny

Or, from April next year, can divorce with no grounds of any kind.

@waterSpider i'm guessing you will need agreement from both parties though for a no fault divorce to go through.

Going to seek help from citizens advice
By not getting the parkhome signed over in a consent order I will always live knowing that she could just turn up and refuse to leave ....no way do I want or need that

Can I reduce what she gets as Iv payed for everything for the home without any contribution from her ...not 1 penny ....

The fact that parkhome do depreciate in value ...could that be part of a financial settlement....

When did you buy it? What matters is what its worth now, not what you paid for it originally.

It was bought in 2015...currently only worth 40/45 k
The 6k she needed for her own place deposit but never did
How would I include this in a settlement

Unlike a bricks and mortar house, the value of a park home will only ever decrease (unless you own the plot of land it's on) plus sometimes astronomical ground rent and management fees. It's currently only worth £40k, half of that is her starting point.

Update...

She's left the new boyfriend and wants to return here
I definitely don't want that..would be detrimental to my health
How can I prevent this

She left 4 years ago, it is not her home any more (although she part owns it).

Get thee onto wikivorce website and have a look at/Post on their advice forum.