help, i am currently separated from my husband and have now filed for a divorce. i am living in the home with the 3 kids - i do not own all the property, my kids own 25%, by neice 25% and i own 50%. it isn't straight forward by any means. we sold our previous home and split the equity 50/50, but we moved into what was my mum's home. he spent his share of the previous home on a holiday home abroad, car, etc and i have put my share into the house to do it up to make more money for my kids, my brother's kids and myself. he now wants a share of the home as well as keeping the holiday home, cars and all his pension. any views on this. we were married 17 years and i personally think he is being rather greedy
The court will seek to divide fairly the current assets. So if he wasted some of his cash of a car that lost value...whilst you invested in a house that gained value...your assets may now be higher than his and he would have a shout at getting some assets to achieve a fair 50/50 split based on todays value of all the assets.
The good news....
You have the 3 kids living with you and so there is a good chance you could be awarded perhaps 70% of the total current assets.
On balance I would say he has little to no chance of getting awarded any more than he has already had from the original 50/50 split. Also dependent on your salary verses his he could be obliged to pay a hefty amount of maintenance. So...if he wants to gamble with the court he could come out very badly.
i told him when we parted that if he left the house alone, then i wouldn't touch the holiday home, his pension or ask for any maintenance. he has now decided he needs cash but won't sell the apartment to raise it and has on numerous occasions said he is moving abroad. he wants everything and will do all necessary to avoid paying maintenance