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My wife has said she wants a divorce out of the blue a few weeks ago as she does not love me anymore.
We have two children 6 & 3 and she works as a childminder from the family home we both own 50/50. I am not working at the moment as I am a mature student until this Dec.
She has told me she has started divorce proceedings with her solicitor, as I am not working I cannot afford to get advice at the moment.
I said I would work with her to sort this out in Feb when I finish college and get a job, she said this is unexceptable and wants me out asap, she is also claiming as she uses the home as her place of work that I will not be entitled to any of it, there is probably about £130,000 of equity in it, of which I will need 50% to start up a new home to look after the kids at the weekends.
Can anyone help?
Hi Rudgey,
sorry to hear about your situation. Unfortunately it is one that you will read of on this site happens all too often.
You are both entitled to your property, regardless of her claim - as you will both need to provide for your children. Ideally you do not wanna leave because the moment you do you will lose any negotiation power you have. Equally you have to be careful false allegations against you start flying.
Have you tried mediation - you will need it either way before you go to court which is where a lot fo the difficult cases go.
the next few months are likely to be stormy - so keep it together. Be careful with your studies cause they are likely to suffer as a consequence and clearly it may have implication for jobs in Feb so try and remain focussed.
The people on this site are highly useful so dont be afraid to ask.
Have a word with Citizens Advice Bureau as soon as possible - I am positive that what she is telling you is incorrect about her business meaning you aren't entitled to anything.
At the end of the day for you to remain in the house, she could make life extremely difficult for you. However whether you stay or not is up to you.
But as far as the property is concerned, she is wrong. The Courts take many things into account, pensions, earnings savings etc, they will start at 50/50 but because presumably the children will live with her, she would get a higher amount, i.e. 60/40 depending on what other stocks, shares, savings, pensions, so for instance, she may have to buy you out of your share of the property.
Mediation is definitely the way to go to sort financial matters out. If it goes to court, it will cost upwards of £10,000 in legal fees
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