What Happens In This Case Of Separation?

[Butternutsquash]

Good evening. Please tell me what happens to the marital home in this case.

Couple with 1 child aged 12.

Wife leaves the home as unhappy and child is spending alternate nights with Mum and Dad, not ideal but at least is seeing them both and is VERY loved. Wife would have been the LAST person I would have envisaged doing this!

Can she demand the house be sold even if the husband would be more than happy to have either sole or equally shared custody?

[fiction-factory]

Hi- is there a divorce in the pipeline?

[Butternutsquash]

Not at the minute but possibly in the future. Such a shame:-(

[Sycamore3House]

Two different issues. Home ownership & child custody. If a divorce took place a final settlement would be needed to either sell the home or one party to buy the other out. Child custody is another issue.

[Butternutsquash]

Can we assume (I know it's not always wise), that there won't be an issue with custody.

[murraymints]

think it depends on where the child's normal domicile is and which parent is guardian or has custody...bit complicated...you need barmaid for this one...

[tamborine]

Ime the home cannot be sold until the occupying child reaches 18y or unpaid mortgage forces sale.

[murraymints]

a parent that has custody of a child is able to stay on in marital home with child until they are over 16 or still in full time education to 18..without being obliged to sell said home...in Scotland....

[New Judge]

Nobody on here could answer your question with any certainty. There are too many variables to consider. However, whilst they are sorting it out they may consider that what they are doing to the child is bordering on child abuse. To say it is "not ideal" is somewhat of an understatement and before they worry about divvying up their assets they should devise a far more suitable arrangement for the 12 year old.

[Butternutsquash]

Child's normal domicile WAS the marital home where husband still resides. But now, she's alternate nights with Mum and Dad. Wife is in a house owned by family but it is for sale so she may have to move out of there.

[Butternutsquash]

I agree NJ.

[murraymints]

custody and responsibility has to be agreed and domicile established..without 3rd party pronouncement ideally...

[Butternutsquash]

Thanks all.

[EDDIE51]

May I add my agreement with New Judge, the to and fro every night is NOT in the child's best interest. A child needs a settled future.
If this goes to the family court there is only ONE decision that it is even possible to make. That is to do 'whatever is in the best interest of the child' the child's best interest overrides ALL other considerations !!