Ex Wife Did Not Want to Sell Family Home in Divorce

Author:
Jane Auty
Partner, Family Law and Divorce Solicitor
Date:
14/01/2020

A Divorce Case Study – Client Situation

Our client Mr V was married for more than 15 years and had two children aged 14 and 11 with his wife.

They had been separated for 18 months but his wife would not engage with the divorce proceedings. Mr V felt that this was because she was living in the family home, with him paying all the bills whilst he was living in a rented one-bedroom flat. This meant that his children could not stay over with him.

Mr V attended mediation with his wife, but this was not productive as Mr V’s wife would not fully engage with the process.

How We Helped

Our Divorce Solicitors gathered together the financial information of their matrimonial assets. These assets included their family home, which was free from a mortgage and valued at around £600,000. They also had investments of £25,000 and pensions of about £400,000.

Mr V’s wife did not think she should have to leave the family home before the children were 21 years old. But Mr V really wanted the divorce and financial settlement sorted so he could buy a property and have his children stay with him.

Mr V wanted to sell the family home and divide the equity so they could both find appropriate places to live. He also wanted to look at how their investments and pensions should be divided. The division of their assets was agreed but Mr V’s wife wanted spousal maintenance. She felt there was a gap in their earnings.

When their finances were compared, their gross salaries did show a gap, but when we looked at the net comparison, there was not a significant difference.

There was disagreement as Mr V wanted a clean break financially but his wife continued to push for ongoing nominal payments.

The Outcome

Our Divorce Solicitors arranged a round table discussion where both Mr V and his ex-wife set out their positions. We worked through the figures together. 

By sitting down and going through this together, an agreement was reached. Mr V compromised by agreeing to pay an additional monthly amount to cover the children’s after school activities.

For more information on dividing assets see Financial Orders in Divorce.

For initial legal advice call our Family Law and Divorce Solicitors

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