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my friends entitlements

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northboy | 16:00 Wed 03rd Oct 2007 | Law
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my friend has split from his wife but still living with her and there 2 children who are 6 and 9.
and she says that he can still have access to his children.however if they sell there house what entitlements does he have as he does not work and is on incapacity,and all he gets is �160 a fortnight .his wife works p/t and recieves all tax credits and child benefit.
they will be putting money into a trust fund for the children when they sell the house but what share will my friend recieve.
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Well it is up to them to agree how they want to split things, the only problem comes if they don't agree! How much equity there is in the property is relevant, for instance is there enought for both parties to buy a smaller property? Basically everything the couple own, either in property, money, debts, cars etc. is all part of the marital pot and if they can't agree what is fair then it can be decided by a Court. If she has young children it is likely that she may be able to remain in the family home until they leave full time education. If they sell the house it is likely that she would get a larger share in order to look after the children and put a roof over their heads, if she got custody that is.

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