A severely disabled husband with modest assets has won his appeal to be allowed to remain in the family home following divorce proceedings.
The case revolved around the husband (H), 44, who is tetraplegic following an accident, and his wife (W), 38, who cohabited with him from 2007. They married in 2014. The couple have two children aged 11 and 8.
The family home had been adapted to meet H’s disability needs, funded through insurance, charitable donations, and fundraising.
Following their separation, W moved into rented accommodation with the children, while H remained in the adapted home. A lower court had initially ordered the house to be sold, with 55% of proceeds allocated to H and 45% to W, allowing both parties two years to settle debts and find alternative housing.
H appealed, arguing that the sale would leave him unable to secure appropriate housing for his disability. He contended that the home was crucial for his care. W acknowledged the difficulties faced by all parties but maintained that the initial decision was fair.
Judge Booth overturned the previous ruling, finding that the sale of the home would disproportionately affect H due to his severe disability. He said: “The need for [H] to be in a home where his needs can be adequately met is the need that dominates.”
The decision recognised that insufficient funds existed to meet both parties’ needs, requiring prioritisation of H’s disability-related requirements.
The judge ordered that H retain the property under a Mesher arrangement, allowing W to receive a 75% share of the proceeds when the house is eventually sold, triggered by specific conditions such as H’s death or relocation to institutional care.
The ruling highlights the court’s duty to balance fairness and necessity, particularly in cases of limited resources. H’s disability was deemed a decisive factor, outweighing the children’s indirect benefit from their mother’s access to home ownership.
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Source:
Disabled husband allowed to remain in family home after divorce
Mr V and Mrs V
Family Court
His Honour Judge Booth
19 December, 2024.
