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What does a likely settlement look like?

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04 May 21 - 04 May 21 #516617 by NYK4946
Topic started by NYK4946
I’m hoping someone can kindly give me their advice please?

Relationship for 9 years (married for 5)2 kids (3 years and 6 months). Kids stay overnight every night at their mothers. I see them every day but they do not stay overnight with me.

Joint assets:

Equity 400k (900k value, 500k mortgage)
Car 10k (paid for by me)

Declaration of trust:

Our house deposit and renovation costs were funded through initial contributions of 150k from my wife and her parents and 15k from me.This was entered into before we were married to protect my wife in the event we split up. It was on the understanding I would pay 66.6% of the mortgage and my wife 33% (which I have done for 5 years).

The DOT states that upon a sale our contributions would be repaid first and any balance (after repayment of mortgage) would be split 80/20 in her favour.

However since then:
  1. we have since remarried
  2. we have repaid 100k of her 150k initial contribution from remortgaging
  3. I have paid for all significant purchases (holidays, furniture, car, white goods etc)
  4. I have paid 80% of all mortgage and other outgoings (for 5 years) and her the remaining 20%
  5. We have not updated/revised the DOT
My assets:

Income 126k
Savings 85k
Pension 135k

Her assets:

Income 85k
Savings 130k
Pension 50k

Current situation:

My wife is in the house and I am staying with parents on a short term basis. I am happy for my wife to stay in the marital home but I would like to come to a Clean Break settlement so I know how much money I will have spare every month to buy my own house.

Could anyone kindly give me a sense of what a fair settlement looks like based on the above please (in particular the equity split on the marital home bearing in mind the DoT)?

Thanks very much in advance for your time.
Last edit: 04 May 21 by NYK4946. Reason: Formatting

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