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Divorce Case Study Financial Settlement on Family Home

27 September 2016

By Head of Family Law & Divorce, Solicitor Tracey Moloney

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Client Situation

Mrs A was our client and we represented her in financial proceedings after her divorce.

Mrs A was married to her husband for 12 years before they separated and had two older children, one still living with Mrs A and one living Mr A when home from University.

Mrs A earnt slightly less than her husband. Both Mrs A and her husband had pensions worth a similar amount.

Their family home was owned jointly, with Mrs A still living there. Neither of them could buy out the other and both of them needed the capital from their family home to rehouse themselves.

Mrs A wanted more than 50% equity in the property as she had been paying the mortgage on the family home for 12 years since they separated. 

How We Helped

We represented Mrs A in Court and argued that she should get a higher than 50% share of equity in the family home. This was for a number of reasons. Mrs A earnt less than her husband did and she had been paying the mortgage from her own income for many years.

The Outcome

The case settled at the second Court hearing. Mrs A received 70% of the equity in the family home, with her husband receiving 30%.

They both agreed to sell the family home and a Clean Break Order was also agreed. When a Court grants a Clean Break Order neither person can make a financial claim against the other in the future.

Mrs A’s husband also came to an agreement to pay half the mortgage on the family home until the property was sold, which helped Mrs A financially.

Divorce Case Studies

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