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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.

Divorce

8 replies

Rabinka · 04/05/2022 14:41

My marriage has broken down and we are going through a divorce. We have a house together along with a 2 year old. Myex has a 7 year old son who also lives with us. We cant sort out our finances as we keep getting into arguments so the courts will decide on the out come of the house. Will we both be forced to sell the property as we both have a child? Or will one of us have to move out? Any advice is much appreciated during this stressful time.

OP posts:
DenholmElliot · 04/05/2022 15:53

It depends

LemonTT · 04/05/2022 18:56

Unless there is some huge complexity to your finances the court isn’t going to determine something you cannot work out between yourselves. It also won’t conjure up money that isn’t there.

Have you tried mediation.

millymollymoomoo · 04/05/2022 23:56

Agree with above
what is it you’re arguing about and what’s the £ gap between your two positions!

Rabinka · 05/05/2022 00:44

We just end up arguing over everything. I cant buy him out and I'm worried that we will be forced to sell and I won't be able to afford anything after. The worst is not knowing what his intentions are about the property as he dosnt want to discuss it and trys to bypass the financial questions 🤔

OP posts:
Rabinka · 05/05/2022 00:48

I have no means of moving out of my home with my daughter and I feel he will use his son who lives with us to fight his right to also stay in the home

OP posts:
ChoiceMummy · 05/05/2022 07:01

Rabinka · 05/05/2022 00:48

I have no means of moving out of my home with my daughter and I feel he will use his son who lives with us to fight his right to also stay in the home

Yes, he needs a home for his other child, the focus should be on supporting your shared child within the marriage.

millymollymoomoo · 05/05/2022 10:39

You have no automatic right to stay in the home

yiu may have to sell and a court could rule that
if you cannot to take in the whole mortgage and bills that a very real possibility

he also needs to house both his children and have some suitable to live with them

without knowing rejative ages/ earnings and potential / other assets etc it’s difficult to judge

what does your solicitor advise re range of outcomes? What is it you’re proposing vs what’s he’s proposing

a court will want to see serious attempts through mediation and other avenues that you’ve tried to reach agreement and both made concessions to do so

LemonTT · 05/05/2022 14:42

It’s really hard OP but you have to come to terms with the breakdown of the marriage and what this means financially. Unless you are rich, it means lifestyle changes because you are splitting up assets and living off a single income.

I would recommend that you both seek some basic information about what you are going to be entitled to. Then arrange some mediation. But all your arguments won’t change divorce laws or the pool of money you have to split up. Going to court will deplete whatever money you do have. Wikidivorce can furnish you with some basic information.

If you post some more information people here can give you basic guidance. The type of information neded

  • both your incomes.
  • equity in the home and outstanding mortgage.
  • major assets, savings and pensions
  • debt.
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