Divorce - Property.

[merton69]

Hello ABer's.

In a divorce situation, the Father remains at the property and the two children are staying with him. The wife has left the property and filed for divorce.

Does the property be split between the two 50/50 or does the Father who has to look after the children get more of a percentage of the property than the wife who left please?

Thanks,

[ladybirder]

In your 25th Jan post you say the divorce has already gone through. Is that so and is that in England? If it is I don't understand why these details have not been sorted out and agreed between you and your wife and your solicitors before the decree absolute was given especially as there are two children whose welfare will be paramount in this situation. Having just had a divorce in my family every T had to be crossed and every i dotted before the judge would sign off on the divorce.

[merton69]

Thank you for your enquiry.
Yes the divorce has got to DA and yes it is in England.

Because of my financial situation, I have been representing myself as much as I can towards the Financial Matters that are now being thrashed out with her and her solicitors. It has got to the point now where I have introduced a Solicitor to represent me and it is suggested I should get more of the 'share' of the property that she. So I was just finding out if this can be the case or it should be a 50/50 split, when the time comes?

[ladybirder]

Merton I know only what has just happened in my family. The couple were very reasonable with each other regarding the money side of things, but as soon as they told their respective solicitors what they had agreed they were told the judge wouldn't accept it as it was too lopsided. One had to give the other quite a lot more even though they were having joint custody of the child. The difference here is that they have already settled the property arrangements. One is keeping the marital home (no mortgage) and the other has enough money to buy a new home and has done so. With you so much could change before the time comes to divide the proceeds of the property. One or other of you could lose your job and not be able to keep up your payments etc etc. I would expect your wife to paying towards the upkeep of the children, if they are hers, by way of maintenance. Just try and be fair to each other, do as you would be done to. Really, you need Barmaid to answer your question. I hope you can work it out amicably for the sake of the children at the very least.

[atalanta]

If either party has a big pension fund, that may make a difference to the split, too. Especially if the other party has little or no pension fund.

[ladybirder]

Yes atalanta, that happened in the case I was talking about. 25% of one's pension went to the other.

[merton69]

Thank you all for your answers, but unfortunately, not got to an answer about the percentage share of the property.

Thank you your time in this matter. ;)

[ladybirder]

Merton, your solicitor is the best person to ask that question. He will have more information of your situation than you have given here. Make good use of him.

[merton69]

Yes, I know she is the best person to ask but to keep my costs down I thought I could ask here.

Our personal finances are as good as zero, so nothing will be shared there.

Because I have the children with me and the upkeep of the house (she does pay half the mortgage), I have been told I could get more of the share of the property when it gets sold etc when the girls turn 18.