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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.

Special needs and divorce

4 replies

TooTiredToDance · 05/06/2023 12:35

Hi. My charming Husband has announced he's having an affair, and wants a divorce. We have one Son who recently turned 18. He has an EHCP for autism and learning disabilities. Can my Husband force me to sell the house so that he can get his share of the property value? Or can I argue that an EHCP from our County Council is legally supported in a full time education setting until he's 25, so therefore he would need a place to live? I am his unpaid Carer, so I have no income or chance to buy him out. Thank you.

OP posts:
millymollymoomoo · 05/06/2023 14:52

Will completely depend on assets available.
you may be forced to sell or may not. What happens when your child turns 25? Will he be independent and able to earn then ?

ProfessorXtra · 05/06/2023 14:55

Please just remember if you get the right to stay in the house, you will need to meet the household bills, mortgage, upkeep etc.

Unless your exh is a very high earner and he has to pay spousal support, it may not be the best option, even if you can stay.

Please ensure you really look into what happens when your son turns 25, before deciding to go down this route.

RandomMess · 05/06/2023 14:58

This is an unusual situation and I suspect would go to court.

You need to find a solicitor with a good proven track record at getting a good outcome for someone in your position. I would focus on getting recommendations and speaking to a few solicitors before selecting one.

Alex3420 · 06/06/2023 23:39

I'm so sorry for what you're going through. Try this - it might you some more info on your rights https://iamlip.com/you-and-your-matrimonial-home-rights/

You And Your Matrimonial Home Rights

You And Your Matrimonial Home Rights - I AM L.I.P

https://iamlip.com/you-and-your-matrimonial-home-rights

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