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ex and in laws own the house. Will I get to stay here with teh babies?
Posted by: triggerbump
20/06/08 at 2:29 pm
Ex and I are divorcing after 3 years of marriage. We've been together 5 years and have a 15 month old son and a 3 month old baby.
The mortgage on the matrimonial home is in the name of ex and his parents. He couldnt' get a mortgage on his own so they went guarantor. I think they paid a small deposit of around £5k. There is 40k equity in the house. Ex and I have always lived in the house together. In laws own their own seperate home, and the house was bought with them knowing that it was to be a family home for the two of us.
What are the chances of me being able to stay in the matrimonial home? My in laws want me out. they have changed the locks already. Divorce is ex's fault due to infidelity.
I have contributed toward the house bills every month from the date I moved in until I went on maternity leave about 2 years ago.
Am I basically screwed becuase the in laws have a share in the house. My solicitor seems to think so, but then again she also expects me to go to mediation without giving me any advice on what to ask for. She said that ex's financial disclosure will be done at mediation, so it doesn't sound like I'll have any prior chance to check his disclosure, or to get advice on where I stand.
Thanks
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Re: ex and in laws own the house. Will I get to stay here with teh babies?
Posted by: Suzanne Kingston, partner, Dawson's Solicitors
26/06/08 at 9:15 am
Your solicitor may well have explained the factors that the court will take into account in any financial settlement (ancillary relief) proceedings in relation to divorce.
These are known as the section 25 factors, the court will look at the following factors, in no order of priority:
a) the income, earning capacity, property and other financial resources which each party has, or is likely to have in the foreseeable future, including an increase in earning capacity;
b) the financial needs, obligations and responsibilities which each party has, or is likely to have in the foreseeable future;
c) the standard of living enjoyed by the family before the breakdown of the marriage;
d) the ages of the parties and the length of the marriage;
e) any physical or mental disability of a party to the marriage;
f) the contributions that each party has made, or is likely to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
g) the conduct of the parties, if it would be inequitable to disregard such conduct; and
h) the value to each of the parties to the marriage will lose any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the benefit of acquiring.
The welfare of the children will be the court’s primary concern.
If at all possible in the financial circumstances, it is likely that the court would ensure that you and the children could stay in the former matrimonial home. However, from what you have said, this does not seem to be practical as you and your husband would not be able to get a mortgage in your own name as his parents are having to be guarantors. Your solicitor will of course be able to advise you fully about this.
It will also depend on the precise agreement reached when you purchased the property as to what interest, if any, you were to have in it.
As there is some equity in the property, it is likely that you would be entitled to some of it, but again, this will be something that your solicitor would be able to advise you about in detail.
For your information, although it must be extremely upsetting for you, the courts will not attach blame to the grounds for divorce, and so it will not have any relevance to the court that you believe that the divorce is the “fault” of your husband.
