Divorcing

[gazza1975]

Hi, I've recently seperated from my wife and we are looking at getting divorced as soon as possible. We started to discuss the financial situation of our marriage today and my wife is trying to convince me of something that I'm not sure is entirely true.

Basically we own our home in joint names and have a mortgage in joint names. My wife is telling me that I need to move out (which I'm happy to do) and that she can keep the house, without having to buy my share from me and without having to get a mortgage in her own sole name, and that this would be the case until our youngest child is eighteen. This dosen't seem right to me. Can anyone who knows how the divorce courts work or who has been through this explain if this is the case or not.

Many thanks

[Buenchico]

Watch out for a post here from Barmaid, as she is a barrister specialising in such matters. (If I see here posting in Chatterbank, or elsewhere, I'll try to draw here attention to your post).

However this quote from The Telegraph website seems to suggest that your wife might know what she's talking about:
"Property issues for divorcing couples with children can appear straightforward because the wife, usually the main carer of the children, takes possession of the family home until they are 18, with the full backing of the law. "

Source:
http://www.telegraph.co.uk/property/3360512/Property-and-divorce-How-to-avoid-the-War-of-the-Roses.html

See also here:
http://www.terry.co.uk/men_div.html

Chris

[boxtops]

I think Chris is right, you have a duty to keep a roof over your child's head until they are 18. Seek legal advice.

[FredPuli43]

What's described in the link is not an absolute rule. It all depends on the circumstances of the parties. The court can make any order it thinks fit. It is true that, in many cases, it seems right to the court that the wife remain in the former matrimonial home with the children, because in many cases that is something which the husband's needs and finances can bear. But in some cases it might be quite ridiculous; the house might be the only asset yet vast, very valuable, far larger than any woman with a child would ever need and the husband might need to have access to the equity in it.

Your duty to maintain the child remains wherever the child is living.

So you definitely need the help of a solicitor who specialises in "Family Law". These matters can get quite complicated

[VHG]

I divorced my wife when my children were 2 and 3, and she stayed in the house with the children and I moved out. She did not have to buy me out the house.

I had to pay her and the children money until my youngest was 18.

You may even have to keep paying longer if the child goes to university.

You pay till the youngest leaves full time education.

Basicaly you are f*****d (sorry to be so blunt and I dont usually like swearing)

[gazza1975]

Thanks for the answers so far. I don't have any problem in paying maintenance to my wife and would happily give anything I can afford to make sure my children don't go without........ But, surely I can't be expected to keep my name on the mortgage of a property I don't live at.

[society]

Who would be paying the mortgage if/when you move out?

Might as well keep your name on if you would be paying.

[ladybirder]

Unless Barmaid tells you differently, I would keep your name on the mortgage. You will be inadvertently paying towards it through your maintenance payments, if not directly paying part or all of it. When your youngest leaves full time education it can then be sold and you get your share, or one of you can buy the other out.

[woofgang]

There is a difference between her being able to live in the house to care for your children and ownership. As others have said, it depends on your financial circumstances and what contribution to the family resources has been made by your wife. You will get good general advice on here but you really need to get advice about your particular circumstances.

[FredPuli43]

Gazza,of course the court can order that;it has regard to the needs of the child(ren) as paramount, and then to dividing the assets or making any order relating to them, having regard to the needs of the parties. If it wants it can order that a house, or anything else, in a husband's sole name be conveyed to the wife as sole owner. The court's power is limitless as regards matrimonial property

[stillabrunette]

you dont have to move out of the property but if you do you are stuffed mate stay put and stand your ground

[murraymints]

I go with brunette...until you have had clear legal advice and agree an arrangement with wife..DO NOT LEAVE....

[Tina823]

You have the responsibility to guarantee your child have the place to live until 18.