Will this realistically affect my settlement?

We have been married almost 10 years. At point of marriage I had a property with around 5k equity in it & he had one with around 65k in it. These properties were sold & we bought a new property together soon after the marriage. He did a lot of work on the house which will of increased the value & it will of increased greatly due to the rise in the market also. At this point he is wanting a Divorce & says I would not be entitled to more than 50% because his original contribution was greater. I need around 65% of the equity to adequately house myself & the children in the area we now live, & he could almost buy a 2 bed flat outright with 35% or buy a house with a 50k or so mortgage (although he could borrow much more than that with his income) I am not currently working, but am happy to find something for 16 hours a week (probably minimum wage)to fit in with school so I can get tax credits. It is highly unlikely that I would be able to obtain a mortgage, or if I could it would be a very small one.
It is very important that we remain in this area for the childrens schooling. One of the children has a special need & it would be inadvisable to uproot from the current school where they are settled & receiving adequate provision. Is it realistic based on what he has said that a court would award me less than I need in order to stay in this area? Please reply. Im quite worried.
Many thanks.

I think there are probably two possibilities:

1. you get to stay in the house until the children are grown up and then he gets his share

2. You sell up and you are awarded 65% equity so you can house yourself and the children.

65% isn't so much in your favour given that you will have the children. Given also the length of the marriage I don't think he will get 50% of the equity.

I would think that the second option would be the better deal for both of you as it would mean a Clean Break and everyone one adequately housed.

Of course none of this takes pensions into account, or spouse maintenance, which you would probably be due for a while as you are not currently working. Try putting all the figures you have into the Divorce Calculator and see what comes out.

Good luck!

Sadie

Thanks Sadie,
I had done the calculator previously without taking into account his contribution before the marriage. Will have another go.
Can anyone else confirm what Sadie has said please? Im very concerned that we may have to leave the area & disrupt schooling.

Looks like theyve changed the calculator now & I cant put in a value of assests prior to marriage. Our current property was bought during the marriage. Its all very confusing.
Surely he cant get away with giving us only enough to allow us to buy either a flat or a house in a really nasty council estate?

The calculator does allow you to enter the value of assets held before marriage.

Enter his 65k asset as 'him' being owner, then enter the 65k in value at marriage.

Tried it, it still comes up with 70/30 in my favour like before.
Can any legal person confirm if this is realistic in the real world?

To answer the original question briefly, no, the original contribution won't affect the settlement because it has been incorporated into family finances, in particular the former matrimonial home. The sources of assets are less important with the passage of time and courts will now take into account periods of cohabitation. If there has been a long, seamless period of cohabitation this may be added to the length of the relationship.

The first consideration is the welfare of children under the age of 18. It's not more important than the other matters but it is the priority. If one spouse has the responsibility of caring for the children, their needs will be considered first, and their capital needs may be greater as they will need a bigger property in order to house the children and/or they may have less ability to raise finance. However, the overriding objective is a “fair outcome” and the court will not leave the parent without care of the children destitute in order to maintain the children in the former matrimonial home.

70:30 isn't without the realms of possibility but we would need to know all the details to advise properly.