Does wife own half of house in divorce?

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Introuble83

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Myself and my wife have have been struggling for a very long time . We have 4 children together. Aged 2 up to 12. I am the sole provider. I purchased our property before marriage and I am the sole owner . My query is does my wife own 50% of the Property regardless of the fact that I pay the full mortgage and all bills and expenses? If I leave the family home I will have to continue paying the full mortgage and child support and will leave me effectively with nothing to live on and force me back to my parents which is far from ideal . I see no feasible solutions. Has anyone found themselves in a similar position? Any advise is welcome
 
It's not as simple as 50/50, there is no definitive answer like that really, it will be down to other things as well. You really need legal advice or a mediation service to help you reach some agreement that is as fair as possible to both. Borderline impossible I know but it's not just a case of she owns half the house, even if you did own a straightforward 50% now it can't really be sold anyway without agreement to give you your cut with 4 young children needing to live there, unfortunately it's a long messy road ahead for a while anyway until sorted out.
 
Following on from monbretia. Afaia all assets (cash pensions rental property etc.) all come into play. Unlikely family home can be sold until youngest child is 18 or 23 and in full time education. You could come to an agreement that suits everyone. Best both get legal advise.
 
You still own the house, but you cannot sell it without the consent of your wife as it is a family home. Since it is her home and the home of your children there is no way she will consent.

Mediation is the best way to progress if possible.

You and your wife both need a place to live and room for your 4 children if you are planning to do a 50:50 childcare arrangement.

So pooling your resources how are you both going to make it work.
If you would like your wife to return to work what is her earning power going to be? How much will childcare cost? Could you take the children while she works? Would you be willing to work part time so she can as well. Would that reduce the family income overall?

If you both agree it is best she looks after children while you work then your income is dependant on your wife.

So as previously said it may be cheaper all around for you to maintain your wife, children and house until your youngest is 18/23. Then you both will no longer need a family home and it can be sold. But since your wife will not have been able to work you will more than likely need to give her 50% of the sales cost to allow her to find somewhere to live.

It is really difficult for everyone, a marriage breakdown. Everyone comes out poorer. But you need to consider what your wife is now currently providing - she is providing childcare which allows you to leave the house and go to work everyday. As a result the family has an income which provides a house, food, clothes, etc, etc, for all. It is tough being in that position but by shouldering the bulk of the childcare your wife is increasing your earning capacity.
 
I am in this situation, without kids.
Don't underestimate, as Clamball has said, the value of what she contributes.
It can be valued
The courts will look at the overall set up and if you are earning, then she will get a cut of your income, even with the kids gone.
in my case her lawyers are looking for 60% of everything because she gave up a career to mind our youngest son, who is now 28.

You should try mediation or some of the other technology out there to allow you live powerfully as a family.
Keep well.
 
Many thanks for all the helpful advice. I will have to have a good hard think about the situation before making any decisions. Very little positives out of the position.
 
Introuble83 said:
Many thanks for all the helpful advice. I will have to have a good hard think about the situation before making any decisions. Very little positives out of the position.
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My advice is do not move out until you have a separation agreement in place. As the man you are in a weak position, regardless of how much you share the parental responsibilities as it will be assumed that she does most or all of the parenting.
If you move out she can just refuse to engage and drag things out for years. Even if your children want to live with you you may not be able to provide a home for them to live in. Do not move out.
I speak from experience; I have 4 children and I did the cooking and cleaning, washing and ironing. I read the bedtime stories and went to the parent teacher meetings. I brought them to the park, taught them to cook, bought their clothes, blow dried my daughters hair, learned to use a sewing machine when my youngest wanted one, talked to her and her older sister about personal things like menstruation, all those things that "Mothers do". The kids wanted to live with me and as they get old enough to make their own decisions that's what they have done or are doing. I now have them most of the time (some all of the time) while their mother lives in the larger family home which I pay a big chunk of the mortgage for on top of the rent of a 4 bed house and she gets the children's allowance for kids that she doesn't support.

Do not move out without a separation agreement in place.
 
Purple said:
My advice is do not move out until you have a separation agreement in place. As the man you are in a weak position, regardless of how much you share the parental responsibilities as it will be assumed that she does most or all of the parenting.
If you move out she can just refuse to engage and drag things out for years. Even if your children want to live with you you may not be able to provide a home for them to live in. Do not move out.
I speak from experience; I have 4 children and I did the cooking and cleaning, washing and ironing. I read the bedtime stories and went to the parent teacher meetings. I brought them to the park, taught them to cook, bought their clothes, blow dried my daughters hair, learned to use a sewing machine when my youngest wanted one, talked to her and her older sister about personal things like menstruation, all those things that "Mothers do". The kids wanted to live with me and as they get old enough to make their own decisions that's what they have done or are doing. I now have them most of the time (some all of the time) while their mother lives in the larger family home which I pay a big chunk of the mortgage for on top of the rent of a 4 bed house and she gets the children's allowance for kids that she doesn't support.

Do not move out without a separation agreement in place.
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Many thanks for the advise . Sorry you found yourself in that position it’s sounds very distressing and upsetting .
 
Regrettfully it depends on the judge hearing the case.

I have seen cases where the wife was bluntly told by Judge to get a job.
House to be sold when youngest reached 18.
Disregarded the notion of full time education until youngest was 23 - out the door.
50/50 regardless of how funded/
 
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