Divorcing abusive H, disabled DD, legal advice please!

[SmallGreenStripes]

I have posted before on behalf of my friend.

She is divorcing her H after 20 years of controlling behaviour. The last straw was an assault on their teen DS.

He has moved out of jointly owned house. She has full custody of the kids - he has contact weekly except with the teen DS.

Yesterday he announced he wants them to sell the house, so he can have half to buy a place of his own.

Her wages can cover the mortgage and her expenses. Their DD is disabled, non verbal and needs round the clock care. The house has been designed for her to live in semi independently as she gets older.

The land the house was built on was not a marital asset - it was given to my friend by her parents.

She has a solicitor who is doing the divorce but she doesn’t have much money and knows that being able to come to an agreement amicably is the best bet.

What’s reasonable?

Thanks in advance to anyone with knowledge and advice.

Bump

Hopeful bump

I'm not sure anyone on here could answer that better than her own solicitor who would have the information they need.

It's impossible to advise without knowing far more.

I suggest she gets advice from the solicitor, but there is no guarantee she will get to retain the house, if she is overhoused, especially once the kids are over 18.

It's not straightforward is it? What suggestions does the dh have as regards rehousing his family if the house is sold? Can she afford to remortgage to pay him off rather than sell the family home?

She can’t afford to buy him out.

She is hoping she might be able to take over the mortgage and stay in the house with the kids till the youngest is 18. Then sell it and split the proceeds. At that stage her DD and her could move to something smaller as the older two would have left home.
Her H wants to split the proceeds of a sale 50 50 bus she will have three kids living with her full time.

He could afford to rent on his salary, but nowhere like they have now.

I know a solicitor is the best bet for advice but she is worried about racking up cost.

www.gingerbread.org.uk/information/legal-help-and-responsibilities/getting-legal-help/

Well he won't get 50:50 if she has 3 DC to house.

What are their individual pension valuations as they need to be taken into account not just the house.

She has been SAHM for 15 years, just got a FT term time job. He has worked throughout but min wage so prob not much pension.

He'd be unlikely to get 50%. And I can't see a court ordering an immediate sale anyway. Maybe when the youngest child gets to 17 or ceases ft education. But there's also a disabled child to take care of. Personally, in her shoes, I'd just say no, the children come first. He won't want to go to court either because of the cost