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Chances of losing the home?
#1
Hi,
Could really do with some advice. 

My wife and I have been married for 17 years. We have a 7 year old son. I have just found out she has been cheating on me for the last 8 months and we are getting a divorce. I realise her cheating will have no bearing on divorce settlements. Some basic facts surrounding the family home: 

We are both still living in the family home.
We have both contributed more or less equally to the mortgage. 
There is approximately £300k equity tied up in the home.
She works part-time (earning reasonable money) and with my help (taking some childcare responsibility) can turn her part-time job into a full time job after divorce. We would have similar salaries if she works full time. 
There are no other assets worth mentioning. She does have a bigger pension pot than me. 

I want to sell the house and split the equity so that we can both have good deposits on new smaller homes. She wants to keep the family home and kick me out with nothing. 

What are the chances of her getting her way? 
Thank you guys!!!
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#2
She won't get her way if you keep your cool and don't give her an excuse to claim abuse and get you out via an occupation order or non molestation order.

In theory the equity and the pensions are totaled up and shared.
The reality is that the child usually stays with the mother for the majority of the time which is reflected in a greater share of equity either from selling the house or buying you out.

Hopefully you're seeing a solicitor.
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#3
(10-15-2018, 11:15 AM)Shane76 Wrote: Hi,
Could really do with some advice. 

My wife and I have been married for 17 years. We have a 7 year old son. I have just found out she has been cheating on me for the last 8 months and we are getting a divorce. I realise her cheating will have no bearing on divorce settlements. Some basic facts surrounding the family home: 

We are both still living in the family home.
We have both contributed more or less equally to the mortgage. 
There is approximately £300k equity tied up in the home.
She works part-time (earning reasonable money) and with my help (taking some childcare responsibility) can turn her part-time job into a full time job after divorce. We would have similar salaries if she works full time. 
There are no other assets worth mentioning. She does have a bigger pension pot than me. 

I want to sell the house and split the equity so that we can both have good deposits on new smaller homes. She wants to keep the family home and kick me out with nothing. 

What are the chances of her getting her way? 
Thank you guys!!!


Divorce settlements are based on needs, not wants.

-What are her needs, with a view that she can seek f/t work following the divorce, claim child benefits and will get child maintenance?
-How much would it cost to rehouse the BOTH of you? Could the equity released from a sale rehouse you both considering that you will both have your child live with you?
-Her assets are in the pot as well

Based on what you have written, she is in cloud cuckoo land.
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#4
Thanks very much. That's reassuring to hear. I've got an initial free 30 minute consultation with a solicitor later this week. I'm hopeful that will also shine a bit of light on this sorry situation.
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#5
From my meeting with a solicitor they said that the courts ALWAYS start with a 50 / 50 split.
Then they take into account other factors (earning, children etc), and shift either way, but they still dont like to be too far off 50 / 50.
Its very common for them to require the sale of the family home, especially if its bigger than needs be. In addition, her earning capacity will be taken into account, wives are now expected to get a job if the youngest child is older than Year 2.
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#6
(10-15-2018, 12:47 PM)SherryDan Wrote: From my meeting with a solicitor they said that the courts ALWAYS start with a 50 / 50 split.
Then they take into account other factors (earning, children etc), and shift either way, but they still dont like to be too far off 50 / 50.
Its very common for them to require the sale of the family home, especially if its bigger than needs be. In addition, her earning capacity will be taken into account, wives are now expected to get a job if the youngest child is older than Year 2.

Hmmm. I didn't know they can be compelled to get a job.  Mine works self-employed but could go back to the NHS and earn much more.  Interesting.  I was told they only look at what you've both been earning, not earning capacity.

In my case, I'm not even getting divorced because we didn't marry, but I guess some of the same principles might apply if we ever came to blows.
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