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Help need to sort ancillary relief

2 replies

jenisurvivor · 08/10/2010 22:04

Our marriage finished years ago but we stayed together as a lot of people do. I was always the initiator in the relationship and to be honest I was exhausted and stressed with the lack of finances, he never earned more than £10,000 a year at best, it was a constant struggle. I got really fed up and realised that I had to make a real future for myself having supported him in his failing business for years. We have a daughter who is now 17.

I left the jointly owned home, got a bedsit and did a degree for three years an hours drive away so I could see my daughter easily. In the second year of my course the divorce went through. In my third year I was diagnosed with breast cancer, had two lots of surgery, chemotherapy, radiotherapy and managed to do half my degree and deferred my thesis, I had nobody to look after me it was awful. When uni ended and went into the summer break I moved down into the jointly owned marital home and ex-husband agreed to move out. I wanted to be with my daughter and I needed to recover. I have been left with, the mortgage to pay etc. I do not have enough and it takes 13 weeks to get interest paid on benefits. My savings are nearly depleted. I just want to cry, he's offering no financial help and he probably can't. I had to re-decorate the flat because it hadn't been done since I left to study and he offered me £10 to cover paint costs.

He wants to sell, obviously as he needs the money. Our daughter is not yet 18 and I certainly don't want to be put in a position that I have to chuck her out when she is. I have been to a solicitor and she said I would get 50/50 but that is no good to me as I need to provide a home for my daughter and surely after the sale my benefits would stop and I would have to spend my share on rent for us both to have a roof over our heads! I do not think this is fair.

Can someone tell me what options I have, or whether they think I?m being fair?

OP posts:
babybarrister · 09/10/2010 08:25

This reply has been deleted

Message withdrawn at poster's request.

mumoverseas · 09/10/2010 10:50

I appreciate that you are in a difficult situation but do you think it is fair that your ex should receive less than 50%?
So are you continuing with your studies now or are you able to get a job?
If the property was sold, how much would your share (starting point of 50%) of the equity be?
Could you perhaps look at part rent/part buy schemes? Will your daughter be able to get a job and contribute towards the outgoings?

Lots of options for you to consider

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