Does having a disabled child make a difference to the rule of not having to sell house until youngest child is 18?

[Geri2]

Hiya Hoping someone in the know can answer this question.

Bit of background, my Husband left 4 Months ago. the house is owned, no mortgage. Am I right in thinking that as one of my children is disabled and will always be vunerable, that I would not have to give him his share of the propery once the youngest reaches 18? I have not been to a solictor as yet.

On one hand X says 'I know I've lost this place' and then on the other he says, 'I dont see why I should only get 20 or 30%'

Would ours be a 'complex' case or do you think we could try and do this ourselves? I would also enquire about spousal maintenace, as I gave up work to look after the children, and its difficult to even think about getting a job with lil lady. He reckons I'm not entitled to spousal maintenance as 'he has spoken to people and they say I'm not'!!!

Any advice for me?
thanks in advance

I dont know how this would work but think you would be best off speaking to a solicitor as its more complex than usual, with house being owned outright and your dd having a disability

In my case when my youngest reaches 18 or leaves full time education the house is to be sold and 30% handed over but this is because it is mortgaged and does affect how much mortgage can be obtained when there is existing liability for a mortgage (hope that makes sense)

Do speak to a solicitor. The courts look at needs and resources; what are each party's needs and what resources are available to meet those needs. Clearly the needs of your disabled child are different from other children and the courts will have to take that into consideration. No two cases are the same and general guidance is just that - general.

If your child will always need to live with you and your ex-h has the resources to house himself, i.e. obtain a mortage, then it is possible that the courts will award the whole of the house to you. But you do need to speak to a solicitor who specialises in family law.
Do not attempt to do it by yourselves.

Oh and you may well be entitled to spousal maintenance. Married parties have a duty to maintain each other and that duty exists beyond divorce. I'd tell your ex-h to speak to different people!

Thanks you two,
apologies for taking sooo long to reply.

I'm gonna go to the bank in a min and try and sort out the bank account. He has his own one now, I am still using the joint one, but I want to get rid of the overdraft, its quite big and am not using it, but its costing me nearly £50 a month.. account fee, overdraft protection etc.

With regards to the house, still hasnt been sorted... I asked him about it the other day, via text... He said he couldnt afford a sol at the moment, but that 'the house is *** for life, all I want is enough to live on!' I then asked him if he was gonna take his name of the deeds, no reply tho!!

Anyway am feeling quite positive that finally taking a proactive step, ie the bank account. He says he will come on Monday, as he'll obv have to sign.. but... I'm gonna go there and see if I can reduce the overdraft right down, get rid of those charges, and then he can come and sign necs papers on Monday.

Next step will be sorting out a sol...

thanks again,

Hi

My friend is in court today with her Dh and this is one of the reasons she's there- precisely what she is arguing (her 4th child- she has 5- is ASD). Her Barrister seems to think that she may have a case, but he is fighting it and has been for about a year- it seems to be one of those hard to settle things.

Hi Peachy,
thanks, would u let me know what happens? I know 2 cases are not the same but may give me some idea if it comes to that.

Been to the bank and have managed to sort out the overdraft, took off the o d protection which was costing me £36. a month, and decreased the overdraft, which i beleive I'll only have to pay if I go into it.

Hubby now just has to go in and do his signing - least thats one thing off my list to do 1 of gawd knows how many more!!