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Rent for marital home

Posted by Mr Probability 
Rent for marital home
October 23, 2022 12:21AM
Separated coming up to ten years. Divorced about three.
We have yet to go to court for a clean break.
Assets are pensions and the marital home.
Children are 23 and 26 still living at home.
I have moved out.

I paid mortgage for the first 8.5 years partially in lieu of child support (mortgage was about 3x what I would have paid in child support).

When it goes to court I expect to be awarded up to half of the marital home.

Ex has been delaying every step of the way.

If she can buy me out, will the court specify a reasonable time frame?

If she can't afford to buy me out, what can I do to ensure she doesn't sabotage the sale? She will just delay as long as possible.

Can she stop me from buying her out? Will she be given time to find a new home? What is a reasonable time frame for me to wait until I can buy my own home back?

In the mean time, shouldn't she be paying rent on my share of the house?

How would this be worked out since we don't know if the court will award me less than half?

Many Thanks.
Re: Rent for marital home
October 23, 2022 11:07AM
It is impossible to answer these questions without knowing:-

1. What the house is worth and what the outstanding mortgage is, if any.

2. What your respective incomes are.

3. What the cost of suitable alternative accommodation would be for you and your wife.

4. Where you have been living for the last 10 years and where you are living now.

There may be other relevant factors such as whether you are cohabiting and whether there are any other assets but the above four are the bare minimum that is required before anyone can give a meaningful answer.
Re: Rent for marital home
October 25, 2022 02:15PM
House is worth £200,000 with £20,000 still owing.

Both earn £20k

Suitable accommodation would cost about £160,000 each.

She has been living in the marital hone for ten years, I have been living in new partners house.

If she is buying me out, will the court specify a maximum time frame such as 6 months?

If she can't afford to buy me out can she stop me from buying her out ie insisting on selling the house.

If the court insist on selling the house and splitting the equity, can there be a time limit, in order to stop her from living almost rent free indefinitely?

Many Thanks.
Re: Rent for marital home
October 25, 2022 02:32PM
I said there may be other relevant factors and it seems there are. If you have been living in a house with a new partner for the last ten years then there are obviously questions to be asked about that. The first is whether you have remarried since your divorce. Another is the value of the property you are currently living in and what the outstanding mortgage on that is. Finally you have mentioned that pensions are the other main asset which raises the question of what they are worth now and what they were worth ten years ago. This further information is relevant to whether it would be reasonable now to sell the former matrimonial home if your housing needs have been met.
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