ilovemywife7 Posted May 23, 2011 Posted May 23, 2011 I just wondered if leaving the home puts you at a disadvantage leagally in the UK in a divorce.. I was asked (told!) to leave by my wife and so did to try and give her space to miss me...its not happening at the moment and im not sure its going to after 2 months I spoke to a solicitor but they said it shouldnt be a problem, but reading some of the comments on this site are making me wonder..i only spoke to the solicitor briefly on the phone so may have missed something can anyone advise on this?
PegNosePete Posted May 23, 2011 Posted May 23, 2011 YES, in general, it does put you at a disadvantage financially. Asset splits in divorce in the UK is done on a needs basis. Each party puts forward their respective needs, the primary need being accommodation for the children and the PWC, and secondary need being for the other spouse. So it does depend on circumstances, which is possibly why the solicitor advised you that it wouldn't matter. If for example your wife is a stay at home mum and you have a good job, it is likely that she will get the bulk of the house equity anyway, so moving out won't affect things. But if you don't have kids then moving out could seriously affect your claim on the house - you would be proving that you can happily live elsewhere, and then she can claim she needs the house to live in.
Author ilovemywife7 Posted May 23, 2011 Author Posted May 23, 2011 thanks for reply...my wife works 3 days a week and we have 2 young children..i work full time....we agreed she could stay there until next august when mortgage is up and then we would sell as we will have to pay a hefty redemption penalty before this time...but i think she may want to try and stay there...a solicitor has already told her the proceeds of the house sale would be a 30:70 split in her favour when we sell..
PegNosePete Posted May 23, 2011 Posted May 23, 2011 Well remember a solicitor advising her, is advising HER. Solicitors do not give objective opinions, they are paid by one person to look after that person's interests. You should see a solicitor yourself and get your own advice. But yeah with 2 young children you are pretty much in a very bad situation financially. She can claim a need for the house for the children and she will be unable to get a mortgage due to low earning, therefore she will likely get the lion's share of the house equity.
jaymz Posted May 23, 2011 Posted May 23, 2011 Also remember that a solicitor is giving their client the best advise they have, some are better than others. The w may start going on about geeting a bigger split or getting what she deserves but her solicitor does not decide it, the court does. You may hear a lot of hot air from w over next coming months, remember most of it will be just that. In my circumstances there is pretty much no equity and when we do sell the house it will cover the debts. The w is looking for somewhere to rent with scumbag in the next few weeks, wether thats through the DSS or themselves I dont know.
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