Stay in house until finished A levels ?

[KangarooKenny]

Why are my chances of being able to stay in the house until my 17 year old has finished their A levels ?

Complex depends on your situation
which no one knows

in reality if they is a year away it will probably take that long to agree and sell anyway….

are you paying mortgage and bills currently ?

My solicitor said that if my children were of an age going through important exams etc like GCSES or A Levels then if you went to court they are more minded to allow you to Stay in the house until they are over but so a lot depends on if you are covering the mortgage etc - if you are expecting him to pay the mortgage whilst also paying his own housing costs then unlikely. It's more if he was trying to force a sale on a house you can afford on your own IYSWIM

But it takes time anyway to get all this sorted - the new minimum wait time for divorce to go through is 26 weeks

How old is the child/how long are you looking to stay?

If they’re in the middle of A-levels, possibly
if they’re at primary school, almost no chance

Sorry just seem he’s 17! Def worth checking with lawyer but will friend on a lot of factors as PP have said

There is no mortgage on the house.

Where is your ex living ?
what % is he expecting vs what you are proposing
have you agreed a overall settlement which includes divisions of any other assets?

in reality negotiations can take a while, and selling a house can take months anyway

It will depend on a lot of factors but this sounds like one of those rare occasions that something like a Mesher Order would be appropriate. It's not going to be for very long; it's in the interests of the child; your ex-partner won't be stuck on another mortgage and won't have to contribute to a mortgage.

However, there are numerous factors that will need to be taken into account. First of all is the earning capacity of each of you. You might reasonably be expected to take out a mortgage to give as much capital to your ex as possible straight away with a deferred charge on any further amounts he is due later.

Second is how disruptive a house move would be. If you over overhoused and can move to a flat in the same area, that's not really very disruptive and it might be better to have an immediate clean break.

There are a number of other factors too, but I don't think a Mesher for what will be less than 2 years is wholly unreasonable on the face of it. It's when Mesher Orders last for more than a decade and the occupant has no realistic chance of ever getting their ex off the mortgage that they're a bit stupid and can lead to problems.

Would it even get to court before they have finished their exams?

May make more sense to try and arrange it amicably to get you through the 18 months and use the money not spent on a lengthy legal battle towards your circumstances.

But as of yet there are almost no details of what has happened already or what is in scope as to whether any situation may or may not occur

I agree, he takes his final exams next year so it seems that we will not be even divorced by then !