Seperation Likely outcome ?

maceamonn

Hi

I am wondering about likely outcome of seperation in court.

Couple with 8 year old , home bought by husband during marriage and in husbands name with funds earned/inherited pre marriage , mother works part time and is primary carer , husband pays all bills and very involved with Child. No violence or legal issues , Wife is just opting out of relationship aspect.

If mother looks for seperation is she likely to get 50% property or access to live in house exclusively until kid is 18.

Owner of house would likely be forced to fund other accommodation for self with no access to home ?

Wife could bring new partner to house ?

How does husband have a chance in this scenario or is this overly pessimistic take on it.

maceamonn

maceamonn wrote: »

Hi

I am wondering about likely outcome of seperation in court.

Couple with 8 year old , home bought by husband during marriage and in husbands name with funds earned/inherited pre marriage , mother works part time and is primary carer , husband pays all bills and very involved with Child. No violence or legal issues , Wife is just opting out of relationship aspect.

If mother looks for seperation is she likely to get 50% property or access to live in house exclusively until kid is 18.

Owner of house would likely be forced to fund other accommodation for self with no access to home ?

Wife could bring new partner to house ?

How does husband have a chance in this scenario or is this overly pessimistic take on it.

no wisdom out there

musefan123

There's pleny of wisdom, but there can be no definite answer. I would imagine the house would almost certainly be considered a marital asset, regardless of who's paying for it.

If I had to guess, I would imagine a judge would ideally like to keep the child in the house along with whoever he considers to be the parent better capable of looking after the child. There's no history of abuse, and from what I've read on other cases, this tends to be the parent that works less hours.

Of course this is a complete generalisation and the outcome will depend on many many factors.

braceface

I agree, it's just not that black & white. I would imagine it's in the best interests of the child for her & the mother (because she works less) to stay in the family home until the child reaches 18. The father's income will be taken into account when deciding on the mortgage payments, maintenance etc.

In regards to wife bringing new partner to house, that would need to be agreed between the parents and more of an emotional than financial issue.

Legal advice would be required here.....