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

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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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ADVICE NEEDED ON % SPLIT OF FMH

  • lilyrose
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26 Feb 08 #15058 by lilyrose
Topic started by lilyrose
Hi I am after some advice regarding the % split of the equity of the FMH.

Extb is refusing to move out of the fmh. I cant stand it any longer and am planning to move in with my mum

We have 3 children all in full time education (althought the eldest 2 are likely to finish this summer) The youngest, aged 16, is planning to take A levels then to go to uni.

I'm getting really mixed up as to what to do next. I would like the youngest to have the stability of staying in the FMH at least until he has finished A levels.

If I stay with my mum until then, is it likely that once youngest is off to uni, that the ex can be legally required to sell the house .

I would hope to pay towards the mortgage and to pay maintenance for the youngest, but can only afford to do so if I stay with my mum. If this is the case what % of the equity am I likely to receive?

I would assume that if the kids opt to stay with their dad there is a likelyhood that he will be awarded a higher %. I'm just worried that on my salary I wouldnt be able to afford to buy any where if I were to receive less than 50/50. He does have a pension (valued at £56,000 'at todays prices' whatever that means?) If I were to forgo any claim on the pension, would that help my claim for 50/50. At the moment the house is valued at £220k with a £66k mortgage. I take home £1400 per month and he earns £2400 per month.

And just to throw in another complication, what would happen if our personal circumstances were to change? ie if I met someone else and moved in with them, would this affect my share of the equity or is this agreed at the time of settlement and cant be changed? Or if he were to move someone else into the house would this make any difference?

Sorry to be so vague but I am trying to work out if it would be better for me to try and grit my teeth and stay put, not that I'm sure I can cope with 2 more years like this, but as stated in previous posts, he is refusing point blank to leave.

Lily.

  • LittleMrMike
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27 Feb 08 #15205 by LittleMrMike
Reply from LittleMrMike
It's getting late and my brain is still scrambled from an excess of figures, but I wouldn't like to leave your post without an answer.

The Court's main priority is always to make sure that any dependent children retain a roof over their head, which can often mean that the parent with care has the right to stay there until the youngest child reaches 18.

What percentages of the equity each of you get may depend on your housing need. If your husband was the higher earner, ( as you say he is ) and therefore better able to service a mortgage, your share could be higher than his.

You don't say why you find the present situation intolerable, but you obviously do. Might it not be worth your while trying to get half an hour's free legal advice on what is known as an occupation order, which would force your x2b to leave ?

If either of you forms a new relationship, then that could affect the position in a number of ways. If you start cohabiting with someone, then the Court might say your housing needs are satisfied. If he cohabits there may be two incomes to service a new mortgage.

And, as Samuel Peyps said, " and so to bed " I must be tired, I slept through the earthquake.


Mike

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