UK Family Law
UK Family Law Questions Answered by Verified Experts
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
How much is the house worth and how much is outstanding on the mortgage.
What other assets are there and what income do you each have?
How is the care of the child shared between you at the moment?
I assume that you would want your child to remain in the Uk?
Your wife has Matrimonial Home rights in relation to the property.
This includes the right to live there so long as you are married.
In addition she has a financial claim on the property and within Divorce proceedings she can make a claim on it which would be successful.
Since she is clearly the main carer of the child and is financially vulnerable herself if you do separate it is likely that she will be able to remain in the property with the child until the child is 18 or she cohabits.
When that happens the property will be sold and the equity divided between you - hopefully on a 50/50 bases.
Your son would be entitled to have a relationship with both of you and it is to be hoped that you can develop a shared care pattern - but even then it is likely that she will remain in the property I am afraid.
I hope that this is of assistance - please ask if you need further details
Unless there is violence she cannot force you to leave the property
If you do separate then you will have to reach agreement with her about the future using Family mediation
Did you have one?
I am afraid that it is too late for a prenuptial agreement
You can try and negotiate a post nuptial agreement - but your wife would need independent legal advice in order for it to be enforceable