Divorce (special needs teens)

[DavinaJones]

Hi all, if any of you have been through a divorce with special needs kids and had a laywer you could recommend, I would be so grateful. We divorced in 2020 but never sorted the financials and the initial consultation I had scared me a bit as I am a working solo parent with two teens with high special needs yet it seemed I might need to share my pension and may be forced to sell the house if I cannot buy him out - which I cannot - I was hoping we can stay there while kids are in education (both with EHCP) He has stopped paying mortgage and only pays maintenance now but I am struggling to keep care and job going (have reduced to 4 days) and need to formalise things. If someone has had good experience, it would be much appreciated

The outcome will largely depend on the full financial picture OP. If there is only one property between you and limited other assets, it is difficult for a court to fairly say that you can keep the house without buying him out, the most common in that situation would be selling the house and both getting the equity split to then buy or rent somewhere else, you would be likely to get a bigger % of the equity but not all of it.

What kind of housing could you afford, buying or renting if you sold the property?

How old are your teens? Does their disability mean you will need to care for them in house when they become adults?

Well a solicitor will
guide you but as a general
guide pensions , house equity and any other assets go in the pot for division,
you say your terms have high special needs - but you’re working - which indicates a level of independence on them , ie they can function without you ? Or have they got affitional
carers? Im
only asking to establish what level of care /support they need in regards likely argument to you needing to house them where you currently are.

has your ex indicated he wants /needs the house sold now? Would he agree to let you stay until they’re 18 and deferred his share ? What would happen when they’re 18? Would you be able to sell then? It seems unlikely that your children will be adult independents then so what will change between now and then in terms of ability to move /buy him out/ release his share etc ?

the overall % between you and ex Will dept in the assets available and both your earnings. Do the children stay with ex at all ?