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Sorry if this straddles two categories.
I've been married for four years and have two children. Things have gone a bit south and I need to think about what would happen if we separate. I own a property (A) which is currently rented that I bought before we were married - it's fully in my name. We moved to another rented property (B) for more space. Property A was bought with my savings and I've paid mortgage on A and all bills in both places. My wife has only done a little part time work since we got married. She buys food and clothes from child benefit, tax credits, some part time work and I make up any shortfall.
If we do go our separate ways ideally I would like to move back to property A with 50:50 custody of the children. Can anyone tell me if this is this realistic? Also does my wife have any right to move into property A. This would make it very difficult for me to rent somewhere suitable to keep the children as we live in London. If she agrees to stay in property B would she be entitled to benefits such as rent payments?
Any help gratefully appreciated.
It's something you'd need advice on from a divorce lawyer on for the best answer. Although the property is yours, the court may take the view that by looking after the children, she has contributed to the household by allowing you to work to the detriment of any job she may otherwise have taken, and the court will certainly want to know that the children have a place to live. I would think that as long as you make sure that she can afford to stay where she is if there is a shortfall in benefits, then you have a good chance of achieving what you are suggesting. As I say, you need specialist divorce advice so take the above as a basis for asking the solicitor if it's feasible.
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