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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.

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Her entitlement

  • hedgeh0g
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08 Sep 12 #354600 by hedgeh0g
Topic started by hedgeh0g
If I buy my wife a house with the equity from the matrimonial home and a mortgage in my name what benefits will she be entitled to?

She hasn''t worked since our son was born, but does get DLA. The house would be in joint names with a deed of trust saying that it''s effectively hers.

  • soulruler
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08 Sep 12 #354605 by soulruler
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Do you mean that you intend to sell the matrimonial home thereby releasing equity in cash from which you will then use the deposit to buy her a house (you being on the mortgage soley presumably) with a deed of trust that the house is hers and that you will also be able to put a deposit down on a smaller place for yourself and service both mortgages?

The reason I ask is that it seems a bit unclear - you can''t do a further advance (equity release in effect) and then get another mortgage unless your income stacks up - sorry if I am misunderstanding you here.

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08 Sep 12 #354618 by hedgeh0g
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I would rent in the short term so I''d only have one mortgage, on her home.

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08 Sep 12 #354622 by soulruler
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Can you post up a few more details such as

both ages
length of marriage
assets accumulated during or previous to the marriage
Any children
Your and her circumstance regarding employment and when disability occured
Whether she was disabled before you married
What her diagnosis is
Any savings you have
Any children from a previous marriage
Anything else you think might be relevent
The basis of her DLA what the components of it are and on which level

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08 Sep 12 #354626 by hedgeh0g
Reply from hedgeh0g
both ages - both 38
length of marriage- 13 years
assets accumulated during or previous to the marriage - house with 120k in equity, cash/ISA of 20k
Any children - 1 9yo
Your and her circumstance regarding employment and when disability occured- I''m permanent employed, she doesn''t work, although she''s trying to get a Life Coaching business off the ground.
Whether she was disabled before you married - she''s been blind since birth, I''ve been partially sighted since birth.
What her diagnosis is - no cure.
Any savings you have - 20k
Any children from a previous marriage - no.
Anything else you think might be relevent
The basis of her DLA what the components of it are and on which level - higher rate for both parts, about 420 a month

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08 Sep 12 #354633 by soulruler
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What is the basis of your employment have you managed to get independent employment or is it dependent to a certain extent on your disability?

What provisions were in place before your marriage for her social care?

What provisions if any were in place before marriage for your social care?

Do either of you have trust funds?

What if any is the disability of your child and are there any genetic problems as a result of the childs birth?

Does the child have any disability at present?

  • Elphie
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08 Sep 12 #354642 by Elphie
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If your original post was just asking about benefits as in income support / working / child tax credits etc, then being a home owner won''t affect her benefit entitlement as these types of benefits don''t count any equity in your home as capital. The only one it would effect is housing benefit - she wouldn''t be entitled to housing benefit as she isn''t renting, and while there is another benefit aimed at paying the interest on a mortgage payment, it is normally only given if there has been a change on your circumstances since taking out the mortgage, ie you took out the mortgage then lost your job. Also, of only your name is on the mortgage not hers, then she wouldn''t be eligible for help towards it. She will be eligible for council tax benefit though.

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