House split

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Advice forum

Macbeth
22.05.2025 16:20:50

6

Can anyone give some advice on the divorce side of things please? I wasn't married, so although I've been through family court, it was all contact related so I'm clueless in the divorce process.
2 friends of mine have split up really badly. They were together for 24 years, married for 20. 2 kids involved, both girls, one is 16 and one 13.
They own a house, both names are on the mortgage, but dad paid full deposit, paid full mortgage every month, paid all bills and paid for all the groceries. Dad worked full time and still does. Mom worked part time(16 hrs a week), but has now suddenly given up her job. They split in August 2024. Mom was in a new relationship from August(maybe before then but that is unconfirmed). Dad is now in new relationship too. Both are still in the marital home, dad is sleeping on the sofa.
How does it work with house split? Dad wants to sell the house, split the proceeds and they both buy their own place and then they share the children 50/50, each having them at their respective houses. Mom wants to remain in marital home with the children until youngest is 18, dad to move out but is insisting dad still pays the full mortgage as she can't afford it.
The way I understand is that they start at a point of 50/50 split each, then it's looked at who contributed what to the house financially, who has kids more now etc so has more need, to then work out final split. Am I correct in that?
Any information or advice would be most helpful, thank you.
Also to add there was no domestic abuse in the relationship, but over the past 2 months, mom has resorted to attacking dad, kicking and hitting him and on one occasion strangling him, in order to try provoke a retaliation from him. Fortunately, dad remained calm and did not react. I'm not sure if that has any significance or not.

Replies (1)

Tatiana from amicable
27.05.2025 15:57:04

Hello,

Thank you for getting in touch with amicable.

We're sorry to hear about your friends' situation.

The starting point for divorce financial settlements is to divide everything 50/50. However, this is only the starting point, and each couple's situation is unique.

In order to be legally binding, a financial agreement must be reviewed by a judge to determine if it meets the legal requirements.

There are many considerations that a judge will take into account, including:

  • Children's needs (housing & living)
  • Your needs (housing & living)
  • Your income and earning ability (does your income support you to be able to live now, and will you have enough in retirement)
  • Your collective assets and debts (this includes money, property, pensions and any businesses)

There are situations where one person may wish to remain in the family home until the youngest child leaves, and this is called a Mesher Order.

If your friends are able to work together to reach an agreement through a process such as amicable or mediation, they will be guided through the process and supported in understanding the impact of their arrangements.

You can read more details on what a judge considers in this blog, and here's our guide to financial settlements.

We also wanted to share some domestic abuse resources. If it's safe to do so, please share these with your friend so they can get support with the allegations they have raised:

We wish you all the best,

Tatiana from amicable

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