Divorce - Who Gets What - Asking For a Friends Son

[AsleepInYorkshire]

Hi Fools,

This is a bit of a long shot really. I suspect I already know the outcome. I'm asking for a friends son. His parents have employed a solicitor to help him.

• Married three years
• They have one child who's 2 years old
• They live in a starter home
• His parents gave him £100K which he used to put down on the house
• She contributed nothing
• Wife cheated on him with one of his work colleagues
• Divorced but told by [his] solicitor to remain in matrimonial house
• She won't allow sale of home
• She wants to raise their child. However, her behaviour isn't "highly" maternal, and his parents spend serious time looking after their grandchild when she "goes away" or goes out. They both work.
• He works alternating shifts including weekends.
• He has met someone else.
• His solicitor has told him not to mention this to "ex-wife" as she could also claim from new "girlfriend". I've not heard that one before - could be I've misunderstood?
• He is taking her to court to try and get a sale on the house so he can at least recover 50% of his £100K.

I’m not a legal sort of person and have little knowledge of this except

• Court will look at needs of child
• Court will review future income stream of both parents
• His income is just above minimum wage and won’t rise
• She’s working but again minimum wage

I’m guessing I know but suspect he may struggle to convince the court to impose a sale on the home. Apart from the obvious, which is to employ a solicitor, do any Fools have any “fresh” thoughts based on experience or knowledge that may help? As I've said I think it's a bit of a long shot but I thought I'd ask just to cover that base

His parents are fortunate enough to be able to have been able to give him £100K. He and his parents feel aggrieved about the gift he was given being taken from him in this way.

Thanks in advance

AiY(D)

[pompeygazza]

From experience a court is highly unlikely to let him sell the house indeed more than likely she will have rights to the marital home until the child has left education. Happened to my friend, she's living in the house (with child) that he''s paying the mortgage on whilst having to rent somewhere else. He's also paying maintenance!!!

[scrumpyjack]

Maybe he could seek custody of the child and then he and the child stay in the house and the ex wife pays maintenance to him?

In these days of equality why should that not be a fair an feasible outcome?

[tacpot12]

These resources should provide some guidance:

https://www.gov.uk/looking-after-childr ... ourt-order
https://www.citizensadvice.org.uk/family/
https://divorce.wikivorce.com/

Ultimately, the two of them need to decide what is best for their child. The role of their solicitors, any mediator they use, and their friends and family should be help them with this decision.