Securing a home for a father and child

Ronald represented a husband whose health issues had prevented him from working for long periods. The wife was a ‘high-flying’ professional who had been the main earner during the marriage. The couple’s teenage child had chosen to live with the husband.

The husband’s intention was to present a case that he would seek employment, that the former matrimonial home should be sold and the net proceeds of sale divided equally, and that he would purchase a home with a mortgage.

However, Ronald advised his client to present his case on the basis of low earning capacity based on his employment record, and to demonstrate that he needed a home for himself and the child.

The court ruled that the matrimonial home should be sold and that the husband should be given the lion’s share of the net proceeds of sale to enable him to purchase a home outright for himself and the child living with him. The wife was awarded the remainder, enabling her to buy a home with a mortgage.