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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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House Equity Split

  • malee30
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24 Sep 07 #3846 by malee30
Topic started by malee30
Hi all,

I just need some advise on the home equity split following the divorce.

I had agreed for my wife to keep the house & for her to take on the mortgage. We have 2 small children so I have 13 years before my percentage of the equity could be released.

Is the equity amount calculated on the value of the house at the time of divorce, or at the time of sale in the future, assuming the house value has gone up.

many thanks in advance

  • LittleMrMike
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24 Sep 07 #3848 by LittleMrMike
Reply from LittleMrMike
As I said in another post, it would be usual for the split to be calculated by reference to the value at the time of sale.

Mike

  • WikiMan01
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24 Sep 07 #3849 by WikiMan01
Reply from WikiMan01
Hello,

Same topic but slightly different angle.

Firstly let me acknowledge that spltting of assets is a complex issue and is dependant on personal circumstances. But I have never really found a satisfactory answer to the following question.

My x2b and I have no children and live in the marital home that is in my name and that I owned for 10 years before she moved in with me. We are both in good jobs and she owns a 50% stake in another property from a previous relationship. We have been married for 9 years.

My question is whether she would be entitled to 50% of all the equity in the property or just in the increase in its value over the duration of the marriage?

Thanks.

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