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Divorce settlements !

4 replies

norah · 22/06/2006 14:05

Not me - but two separate friends have asked me to come on here and ask some advice for them !

Friend 1 has one child - and lives in a large house - worth about £450K - husband has left her and shacked up with new woman. She has not worked since marrying him when she was pg - the child goes to school this Sept. So - she has not contributed to paying mortgage on this house - but paid the deposit on the last house and also paid off a load of his debts when they got together. She's been to a solicitor who says that she is only entitled to the equity in the house - which would mean that she cannot afford to stay round here as she couldn't afford anything ! Can this be right ? Isn't he obliged to keep a roof over the child's head - and over my freind's head as the carer ?

Friend 2 - has two kids - her H has said she can stay in the 3 bed house for now - but may need to sell it in future if he remarries. He is already seriously involved with a new woman. Same question really - isn't he obliged to keep roof over the three heads ? This friend has worked part-time throughout, but cannot afford the mortgage - their arrangement was always that he paid all house hold expenses and she paid for school fees and holidays, clothes etc..

Just been talking to a male friend at work though - and his ex-wife has really taken him to the cleaners ! They had two kids - and as he'd made good house moves they only had about a 5% mortgage left - she never worked throughout their marriage- yet she got the virtually paid off house !

Am really confused - anyone know what the legal entitlements are ?

OP posts:
norah · 22/06/2006 14:34

no ?

OP posts:
Freckle · 22/06/2006 14:37

Basically courts will consider needs and resources. What are the needs of each party and what are the resources available to meet those needs.

As the needs in each case will be different and the same is true of resources, then it is difficult to say what anyone is likely to get.

It is a myth that anyone has a "right" to stay in a house until a certain time. If the money isn't there to service the mortgage, then the house will have to be sold.

Each of your friends would do better to seek specific legal advice from a solicitor specialising in family matters.

zippitippitoes · 22/06/2006 14:42

it's also not necessarily the case that the children are resident the majority of time with one parent..it is getting more common to share residency if parents want to

norah · 22/06/2006 15:00

Thanks - both friends have seen solicitors who told them to expect the worst deal possible !

Both will be having the children full time - one Dad is in the Army so away a lot and the other works very long hours and has said he doesn't want custody just access.

Neither of the Dads would be unable to afford the current mortgages - but if they wanted to buy another house they would have problems obviously. I can understand that Friend 1 should downsize from her 5 bedroom house - but Friend 2 needs 3 bedrooms and that's what she has - and not in a very expensive area - so not sure how he could make her downsize !

What I don't understand is how some women seem to come off marvellously through divorce - yet others seem to get a pittance. Do they just need great lawyers ?

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