Kids Grown up/Divorce Entitlement

[Nationaldude]

Hi all,

My aunt and uncle have been seperated 7+ years now and a divorce is immanent, she threw him out after he had an affair. Anyway, he's now happily living with his new other half and she has been left to pick up the pieces. She is still living in the marital/family home but he has always paid the mortgage as she has no income apart from whatever SW she gets, all 3 of their kids are over 18 and have left home so he pays her no maintenance whatsoever and hasn't done for a few years now.

He is now pushing her to sell the house and split the proceeds 50/50, they have very little left on the mortgage, she however, is reluctant to sell because she will have no home and will not be able to afford a new house on her own with no income.

Can he force her to sell or does she have any rights since it was him who broke up the marriage by having an affair? What way would a divorce court be likely to view this mess?

Thanks all.

 

[mf1]

Wives don't get a prize for (a) staying with someone or (b) throwing him out when he has an affair or (c) not working and having no money or (d) not actively looking for maintenance.
So - he is a half owner of the house and has always paid the mortgage, the kids are grown and independent.

Much depends on the age of the couple and her expectations. A destitute 75 year old woman is unlikely to be asked to sell a small two bed terraced house but would certainly be expected to part with the 6 bed family home. A 48 year old woman would be expected to look for work.

She needs to talk to a solicitor and get a realistic view of her situation. She may qualify for Legal Aid.


mf

 

[Nationaldude]

Thanks mf1,

But i really don't think she is expecting any "prizes", all she wants to do is keep the roof over her head which has been her home for 25 years. She wants the divorce but she also needs to think of her future. They are both 54, she was a houswife since they got married and only started back working a couple of years ago, then when she was finally able to stand on her own two feet she was diagnosed with epilepsy and had to quit her job as a care worker, i don't even know what benefits she is entitled to but i know she gets something, so getting a job to support herself is not an option at present. She has already applied for free legal aid and is waiting for a decision.

 

[jhegarty]

Sounds like he her already supported her for 7+ years if he has been paying the mortgage.

 

[Locke]

Nationaldude, I think the best option as mf1 says would be for her to talk to a solicitor. What ever the personal circumastances are and how they developed, the reality is and agreement will have to be reached about the house between your Aunt & Uncle.