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If a court says that a wife can expect to live in the same…

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If a court says that...
If a court says that a wife can expect to live in the same style after separation/divorce, then how can this gel with both parties wanting this lifestyle with no financial means to do so? viz. two into one won't go, so surely something has to give re size of property afterwards? In this case there are 2 parties and no minor children, but wife wants to keep the house but can't afford to do so, [both parties work]. Thanks.
Submitted: 8 years ago.Category: UK Family Law
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6/19/2010
Solicitor: Clare, Family Solicitor replied 8 years ago
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 35,299
Experience: 25 years experience of all aspects of family law
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hi

can you explain a little more about your position please

claire

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Customer reply replied 8 years ago
thanks. my brother has just separated fom his wife of 10 yrs. they jointly own a house with a small mortgage, they have no savings, but some overdrafts and a personal loan. they both have modest earnings and my brother has a small pension, he is aged 52, his wife 50 yrs. she wants to keep the house and expects him to continue to contribute towards the bills. he has agreed to solely pay 50% of the mort and the house/cpntents ins. he has currently moved in with another borther but will eventually want to rent or buy a flat when family house is sold. one of the main reasons for the separation is he is fed up with having to support wife's kids at uni - she draws funds from their joint bank a/c without discussing it with him. the overdrafts have partially arisen because of her subsidising her kids. they have both prob put in large sums to the house, [her at purchase and my brother 3 yrs ago], he used to earn more than double her salary but now it's about even. can she be forced to sell house, as she won't be able to buy him out, and could be expect c. 50% of equity? tks.
Solicitor: Clare, Family Solicitor replied 8 years ago

hi

how much is the house worth and how much are the debts

claire

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Customer reply replied 8 years ago
3 bed house worth c. £320K, mort £30K, o/d's and loans c. £8K. sorry, I meant how much could my brother expect in % terms? wife says she wants to stay in house, as 'family house' for her kids from earlier marriage, when they are home from uni. her ex never paid any maintenance. my bro has supported her kids all these years. now age 19, 21, 24.
Solicitor: Clare, Family Solicitor replied 8 years ago

hi

it is unlikely that the court will have any sympathy with her wishes given that the children are adults and are not your brothers children

the starting point for division will be 50/50 although a court may be anxious to ensure that she has enough to rehouse herself which could push it as high as 60/40 in her favour

i would not expect her to get more than that - and yes the court could and would order a sale

claire

Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 35,299
Experience: 25 years experience of all aspects of family law
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Customer reply replied 8 years ago
many tks for this guidance; it is much appreciated. how does the court ensure that my brother also has enough to rehouse himself?? must he now pursue matters thro' the court if she refuses to co-operate with a sale? it's such early days for them. everything is in joint names, house & debts. I suggested mediation to save some expensive lawyer's costs.
Solicitor: Clare, Family Solicitor replied 8 years ago

hi

i can only give you an over view and in general terms it is usually harder for the female to rehouse herself - but clearly each case is decided on its actual facts

mediation would be an excellent way forward

claire

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Customer reply replied 8 years ago
tks again; must now get to bed as I'm exhausted.
Solicitor: Clare, Family Solicitor replied 8 years ago
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