web1 Posted October 19, 2014 Share Posted October 19, 2014 My friend has been kicked out of his marital home and she wants a divorce, they have no savings but there is equity in the house, so what rights does he have, can he force a sale, she is living there with the kids, but he obviously needs something to start again with. She is now being difficult and is telling him he is getting nothing. What rights does he have legally? Link to comment Share on other sites More sharing options...
Vaati Posted October 19, 2014 Share Posted October 19, 2014 His best bet would be to get in touch with the Citizen's Advice asap. Link to comment Share on other sites More sharing options...
wotsit Posted October 19, 2014 Share Posted October 19, 2014 not sure but don't think he can do anything until youngest is 16 Link to comment Share on other sites More sharing options...
poppet2 Posted October 19, 2014 Share Posted October 19, 2014 Ask mods to move this to the General discussion, you should get a better response there. Link to comment Share on other sites More sharing options...
Priorylady Posted October 19, 2014 Share Posted October 19, 2014 not sure but don't think he can do anything until youngest is 16 I separated and divorced when my youngest was under 16. I was still entitled to half the value of the house and an amount towards my half of the contents as both of us were deemed to have contributed to the family home. My ex had to re mortgage to buy me out, otherwise he would have had to sell. It's a horrible time your friend does need to get professional advice as every case will be different, but his ex can't just decide that he can't have anything. Link to comment Share on other sites More sharing options...
web1 Posted October 19, 2014 Author Share Posted October 19, 2014 Thanks for the replies, just needed a quick answer as he is in bits ATM and has,literally, 6 black bags to show for 20 years of graft. Link to comment Share on other sites More sharing options...
hyper Posted October 20, 2014 Share Posted October 20, 2014 Thanks for the replies, just needed a quick answer as he is in bits ATM and has,literally, 6 black bags to show for 20 years of graft. that thought alone won't help him. There are also positive things too he has from the relationship. He has kids and must have some happy memories of his time with her too. Sure, he will be in the depths of despair, but while he is affected, as a friend you have to remind him of positive things. Link to comment Share on other sites More sharing options...
Cyclone Posted October 20, 2014 Share Posted October 20, 2014 My friend has been kicked out of his marital home and she wants a divorce, they have no savings but there is equity in the house, so what rights does he have, can he force a sale, she is living there with the kids, but he obviously needs something to start again with. She is now being difficult and is telling him he is getting nothing. What rights does he have legally? Legally he gets 50% of what they own jointly and to keep anything he owns outright (for example a car in his name). Depending on relative incomes and situation he may have to pay child support and maintenance payments (alternatively, if she earns more then she might have to pay maintenance). She doesn't actually have any right to turf him out of the joint home for that matter, and it's not the case that she would automatically win custody of the children if he wants to argue that point (and if he takes the children she might have to pay child support). Link to comment Share on other sites More sharing options...
cgksheff Posted October 20, 2014 Share Posted October 20, 2014 Legally? He doesn't automatically get half. 50:50 is a starting point from which the marital assets (would include a car bought by him during the marriage) can be divided according to need. Depending on who was dependant and who will be the prime carer that division is rarely 50:50 when children under 16 are involved. Link to comment Share on other sites More sharing options...
999tigger Posted October 20, 2014 Share Posted October 20, 2014 (edited) He has the rights the court decides to recognise. He has a right of occupation, so he can go back into the home. If they are divorcing then the court will want them to sort out the division of property. Sorting out by agreement is the way to go. If they cnat sort it out then he can make a court order which she will oppose for sale of the property. It depends on the circumstances i.e age of children, amount of equity, who earns what etc as to what might be possible. Children and their welfare will come first. The court order can include what happens to the house after the children attain 18 or leave higher education. So his angle is to get soemthing by agreement or if she wont budge then he should consider applying to get a court order. Whether he should do that depends on different factors. She can agree to whatever. In any event she can make an application to stay in the home till the kids reach 18 or leave education. There is very limited legal aid and you are very unlikely to get any. CAB will be of very limited use and will just signpost him on, although people are expected to do their own divorces these days or pay a lawyer. we dont know if the person is working and whats his salary. http://www.adviceguide.org.uk/england/relationships_e/relationships_relationship_problems_e/relationships_relationship_breakdown_and_housing/relationships_if_you_re_married_or_in_a_civil_partnership_-_relationship_breakdown_and_housing/relationships_if_you_re_married_or_in_a_civil_partnership_and_you_own_your_home_-_relationship_breakdown_and_housing.htm Edited October 21, 2014 by 999tigger Link to comment Share on other sites More sharing options...
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