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Sale of house and young children involved

Posted by Wisewoman 
Sale of house and young children involved
February 20, 2021 05:10PM
Hi.

I would like to know if anyone has been in a similar situation. My brothers wife has filed for divorce, she has been seeing someone else , but they have 2 young children. They have agreed to sell their house and share the equity but does he still have to buy a house for her and kids? Neither are in a position to buy a property on their own and it is not fair on him, as her choice to end the marriage,
Re: Sale of house and young children involved
February 20, 2021 05:22PM
Her needs and those of the children will trump what you think is fair. The reason for the break down of the marriage is irrelevant. What is important is where she will live and how it will be paid for. The housing needs of your brother will also have to be considered but the needs of the children come first.
Re: Sale of house and young children involved
February 20, 2021 05:52PM
Thanks for the quick reply, I think the best way forward is for them not to sell the house and she remain there with the children, as you say the children come first but there is no way my brother can afford a new property. He will be homeless unless living with me., which is not practical. Do the courts expect him to the. Rent property which is usually more expensive then a mortgage.
Re: Sale of house and young children involved
February 21, 2021 12:18PM
All things being equal the assets of the marriage should be divided between them. Whether and/or how that can be done very much depends upon the figures. The figures matter.
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