The judge will decide on the division of assets based on how long you’ve been married as well as your:
- ability to earn
- property and money
- living expenses
- standard of living
- role in the marriage; for example, whether you were the breadwinner or primary carer.
The judge will decide on the fairest way to divide the assets and each case is considered separately.
In your case, let's assume a profit of 100000. One possible way for the court to divide this would be on a ratio of 20/34 for her and 14/34 for you. The reason that a court might not decide to take into account that she lived there and had the benefit to use the property since you moved out is because you did not apply for separation and request a financial order at the time of moving out. This is just one possible outcome. However, if you can come up with a fairer outcome, the court may entertain and order that one instead. Much depends on how the court exercises its discretion.
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