my soon to be ex wife and me had a mortgage for 3 years together and then i left the marriage due to repeated violence from her my name is still on the mortgage and it has now been 3 years since i left and in this time i have not paid towards the mortgage as i am unable to work for health reasons and she gets the interest paid for her due to being on benefits so only pays a very small amount each month since we bought the house 6 years ago it has increased in value by £72,000 my question is how would the courts decide who will recive what?
during the marriage my wife worked for most of the time and i looked after our daughter as i was unable to work
2006-10-09 10:12:21 · 7 answers · asked by ag 3 in Family & Relationships ➔ Marriage & Divorce
we are currently going through divorce proccedings and just getting to the stage of assets i know that my daughter needs a roof over her head but have been told that my ex can remain in the property until our daughter is 18 or if she sells the house befor then i will be entitled to my part
2006-10-09 10:27:08 · update #1
This is not a question that we could answer with any accuracy, unless you are lucky and David the divorce lawyer spots it! This is one where you really do need a lawyer, but in your circumstances you may well qualify for Legal Aid, so get your Yellow Pages out and look for a good firm in your area that does Legal Aid. Basically I think you would start with the premise that both you and your wife need housing that's suitable for your needs - but only your lawyer will be able to advise you what you can expect to get from the available equity in the circumstances.
2006-10-09 10:20:27 · answer #1 · answered by Specsy 4 · 0⤊ 0⤋
All courts and divorces are so different!
If you have "proof" of experiencing violence within the home, the right thing for the courts would be to make you both sell the house and split the amount the home sells for. You may have your attorneys also, if you have proof from being abused, that she pay you alimony.
BUT if she's been the bread winner and still raises your daughter, The courts will probably see that she get's to remain in the home, so your daughter has a stable roof over her head.
2006-10-09 10:22:20 · answer #2 · answered by peggin_beast 6 · 0⤊ 0⤋
The courts will look at your assets (individual, and joint), put them under the umbrella of A JOINT ASSET, and will allocate on a 50:50 ratio.
This could mean selling up, or one buying the other one out to the half of all the assets.
2006-10-09 10:27:10 · answer #3 · answered by ribena 4 · 0⤊ 0⤋
you left the marriage she put her money in hopefully the courts will only award you what you invested. however the house just might be sold whats left the two of you split it. the system dont care about disable they treat as a form of being lazy and not want to work, i feel you i am disable and hates the fact i cant work
2006-10-09 10:25:25 · answer #4 · answered by ? 6 · 0⤊ 0⤋
would she sell the house ,by rigths you do owe the house as well no matter who puts what into it but in court she is more likly to get the house ask your solicitor if she would have to pay you for any part in the house like buying you out and get your name off cos if she leaves the house you would be liable for it but check with your solicitor befor going ahead with that ,for your own peace of mind and make sure you get what is yours ,i am still wait for my ex to shift his stuff
2006-10-10 08:38:51 · answer #5 · answered by cindlemay 2 · 0⤊ 0⤋
i would think they would give her the house showing that she can make the payments with a stable job
no one should be in abusive relationship
2006-10-09 10:19:21 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You best go talk to a lawyer on this one
2006-10-09 10:18:01 · answer #7 · answered by oldman 4 · 0⤊ 0⤋