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Elderly Father needs desperate divorce advice

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  • Elderly Father needs desperate divorce advice

    My elderly (70) father needs to separate from his abusive wife (47) of 25 years. She is now the main breadwinner earning more, they have an overly large house, which is only in her name, as he was too old when they decided to buy, so she considers the house hers alone. He still works full time, long hours and contributes of course but she now earns about 10 times more and keeps all her money to herself. He wants to leave but wants to know where he stands with the house, and if he'd be entitled to anything as he'll need to rehouse himself and has nowhere to go ? Can he get an order for her to sell the house before divorce proceedings so that he can leave and*get himself somewhere to live or would he have to settle that during divorce ? He really needs to know where to start ? Thank you.*
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  • #2
    Both parties have an equal right to the property as it is the matrimonial home, regardless of whose name is on the deeds. There are multiple options for what could happen to the matrimonial home during a divorce but it is dependent on the circumstances in each case. If it cannot be decided amicably by the parties, the court will issue a financial remedy that determines what will happen to the house. Factors they take into account include the age of each party, the earning capacity, the length of marriage, and the financial contributions from each party amongst others. Did your father contribute anything towards the purchase price or the upkeep of the house, for example? Your father needs to make his wishes clear from the outset but one option for the court could be to order a sale of the house and each party would be entitled to half of proceeds of sale. Since the wife is the breadwinner, another option could be for his wife to remain in the house if she can afford to but she would have to buy your father out. Apologies that I am unable to provide more clarity on this topic but it would depend on the exact finances, which I am not expecting you to disclose. Ultimately, your father does have a right to the house and it is advised that the parties attempt to resolve this between themselves before it is left to the courts.
    Are there any children under the age of 18 living at the property?
    I am a law student undertaking work experience on the LegalBeagles forum. My advice is from my own experience only and is given without liability. If in any doubt, please contact a regulated and insured legal professional to seek further advice.

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