Settlement for Divorce

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My partner is going through a divorce.  He is in the army and has 2 children aged 9 & 6 and a joint mortgage.  He wife works full time (night shift) and his stepson of 18 looks after the children whilst she does this.  My partner currently pays the full mortgage �540 a month & CSA �400 month.  We want to know if we can make her sell the property as we cannot afford that and our home as well.  She states she wants the mortgage but we doubt her salary will cover it and bank seems to agree.  We are willing for her to take full equity of approx 20k in the property to start again we just need to know if we can legally ask her to move.

[Hgrove]

As far as I know under the Matrimonial Causes Act, the Court has very wide jurisdiction to make an order it deems appropriate where a married couple are divorcing.  So I think it would be up to your partner to make the best possible case to convince the Court that the property should be sold and any equity split between himself and his ex.  The Court will endeavour to be fair to all parties involved.

[Miss Zippy]

You really do need to obtain specific legal advice on this matter, but generally speaking, your partner and his wife are free to agree whatever terms they wish with regard to the distribution of marital assets.  The courts will only become involved in you ask them to.  However, if the courts do become involved, their first consideration will be the welfare of any children of the family under the age of 18 and it is highly unlikely a court would force your partner's wife to sell the home while the children are under 18, especially if it would mean the wife and children's accommodation needs being placed in the hand of the state. (The courts can order that the wife sells the home once the youngest child reaches 18, but as this  is 12 years away this is not much use to you.)