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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Will I be awarded the marital home

5 replies

Flowergirl961 · 14/08/2021 20:57

My husband left a year ago and we are now going through the divorce and getting a court order for the finances. We have two children who will spend the majority of the time with me. My husband has bought a house with the other woman and she paid the large deposit. As his house will have to be declared to the court will I be awarded the family home if I take over the mortgage and bills?

OP posts:
millymollymoomoo · 14/08/2021 21:17

Not necessarily
Will depend on total assets, length of marriage, earnings (and potential) , ages etc etc

What equity is there and what other assets ?

PaterPower · 14/08/2021 21:30

If the new partner paid the deposit then his stake (assuming he’s on the deeds at all) will probably only include half the equity less the deposit. As they’ve just bought the house, I doubt there’ll be much there. You’re not necessarily going to be awarded the whole house.

Are there other assets in the pot? Pensions or his own business etc?

Flowergirl961 · 15/08/2021 16:18

The only assets are the two properties. If they own the house as joint tenants won’t the equity from the deposit classed as an equal split? How will the court view it?

OP posts:
Feelingoktoday · 15/08/2021 16:23

Equity from the deposit that he didn’t put down will not count. It’s not his, or yours either.

If he put a deposit down then yes that will be part of his asset and he should declare it on his form.

BronwenFrideswide · 15/08/2021 16:23

If they own the house as joint tenants

That's a big if, do you definitely know the above or indeed anything about the ownership/split of this house?

As another pp said it will all depend on the total assets accrued within the marriage.

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