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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 financial settlement - ‘Adequately housed’ in rented house?

3 replies

Nearlyalldone · 26/12/2022 11:11

Happy Xmas for yesterday!

Reading through some previous threads on this forum, the concept of being ‘adequately housed’ has popped up from time to time in relation to financial settlements.

My ex has overnight contact with the kids EOW (Fri-Sun) and for half of the school hols. He left the family home two years ago and has rented a 3 bed house since then. Our 2 kids each have a bedroom when they are there and my ex has decorated/furnished the house into a nice home for the children when they are there. The house is owned by a mutual friend of ours and my ex can essentially stay there for as long as he likes.

Due to the capital gains tax rule changes, we’re waiting until April 2023 to sort out our finances and finalise the divorce.

My question is, as my ex has been in stable rented accommodation for 2yrs and has sufficient space for both of the children, does this count as him being already ‘adequately housed’? Or does being ‘adequately housed’ only apply to a property that he owns?

If the rented house does count as him already being ‘adequately housed’, will it have an impact (ie reduce) on his share of the equity from the family home/savings/pensions etc?

Thanks

OP posts:
millymollymoomoo · 26/12/2022 14:13

Nope
he is entitled to a fair share of assets of the marriage as are you
he won’t be awarded less because he currently rents

Thriwit · 27/12/2022 16:46

As above - it doesn’t make any difference.
Anecdotally, I had been privately renting with the children for 5 years by the time my divorce was finalised, and I still got awarded a much larger share of equity in order for me to buy a house, as I earned much less (& had the kids). I actually got an order for sale of the house and he ended up moving into rented.

DrMarciaFieldstone · 27/12/2022 16:52

No, he’s just as entitled to his share of the pot.

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