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Family home I owned previous to divorce ad ex-wife change of mind!.

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  • Family home I owned previous to divorce ad ex-wife change of mind!.

    Hi All,

    I owned a house prior to my marriage for about 10 years, I then met my wife and have been married about 10 years - until Sunday when she dropped the out-of-the-blue bombshell that she wants a divorce! We have 2 small children aged 7 & 8 which also has come as a shock as I need to consider their needs.

    My wife is on the mortgage but has never contributed financially, I have also re-mortgaged during the married to do some work to the house.
    She has worked on and off during the marriage and kept any money she has earnt for herself but has never lasted long in any position she has obtained.

    When she originally told me she wanted to divorce she said she wished do it amicably and for me keep the house, as it was originally mine, in return for a financial settlement for her to get somewhere herself. I agreed to this and also to make sure they were ok financially and kids had anything they needed. A couple of days later she has phoned me(I am working away in the week at the moment), and stated she has changed her mind and wants the entire house and wants me out of it! I have no idea where this has come from as the switch from amicable to aggressive could obviously financially cripple us both now instead of what she originally asked for which would see us both able to still start afresh - in a fashion. I can only assume she has spoken to someone in the last few days who has convinced her not to take the amicable route.

    My question is - As I owned the house prior to the marriage and she has never contributed financially, would this mean (as I have previously read):

    - that the house value prior to the marriage and then any subsequent increase in value during the marriage would be taken into account?
    - or would she entitled to a 50/50 split ?
    - or even stay in the house due to the children?
    - Or something else I have not considered....

    In addition - What are my rights to stay in the house as obviously need somewhere to live and also want to see my kids.

    Thanks for your help.

    Y.
    Tags: None

  • #2
    Re: Family home I owned previous to divorce ad ex-wife change of mind!.

    Dear Yorky2008,

    I realise time has moved on for you and your situation might have changed but you have raised important points and they are worth commenting on.

    The first thing to say is that as a legal owner of the house you can stay there until a financial settlement is reached whether this is by agreement or court order. The only other way to get a home owner out of their own property is to obtain an injunction against them because of their abusive behaviour.

    As regards the division of assets, there is no calculation to base any division on. The criteria are detailed in section 25 of the Matrimonial Causes Act 1973. Contributions do not, unfortunately, play a large part in the distribution of matrimonial assets instead if the situation is left to the court they will look at both parties needs. Be careful! Needs are relative. The wife of a multi millionaire will have very different needs to the wife of a solicitor or bus driver or fisherman.
    I work for Howlett Clarke Solicitors . Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance.

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