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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.

What steps can we take to reach a fair agreement?

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

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Am I entitled to any money from the house?

  • Jay_UK
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29 Feb 08 #15359 by Jay_UK
Topic started by Jay_UK
My husband and I have been married almost 3 and a half years. We bought our first home two and a half years ago.
My husband left almost a year ago after I found out that he'd been seeing someone else. He now lives with his parents but has continued to pay the mortgage for our house.
I've never paid anything towards the mortgage, but have paid the bills, council tax, home insurance and obviously kept the house "up and running" for the past year.
I also took out a loan to put down as a deposit for the house (my husband's self employed but has never kept proper accounts so we had to get a self cert mortgage and put 10% down). I am still paying the loan, without which we would never have been able to have the house in the first place.
I have just appointed a solicitor to take over the divorce case as it's not currently getting anywhere. She told me that because I've never actually paid anything towards the mortgage itself, I may not be entitled to anything when we sell the house.
Is this true?

  • dukey
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29 Feb 08 #15362 by dukey
Reply from dukey
Hello Jay

Wellcome to the site hope you find it usefull
First do you have children from the marrige
Its usualy the case with short marriges to leave with what you brought so you have 10% for a start (the deposit)
try the wiki calculator that will give you a good idea of what you should get.

dukey

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29 Feb 08 #15365 by Jay_UK
Reply from Jay_UK
Hi dukey,

No, we don't have any children.
I've tried the calculator, which said I'd be entitled to a 50/50 split, plus some maintainance from him, as his out- goings now are basically the mortgage and petrol money.
(He's back at his parent's and won't be paying any money out for board, food etc)
I thought I'd be entitled to half the house, but my solicitor said I may not be. I'd just be happy getting enough from him to cover the loan, then I can just move on and start again.

Jay

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29 Feb 08 #15396 by dukey
Reply from dukey
Hi Jay

If you bought the FMH together (jiont names) its a marital asset, therefore 50/50, the wiki calculator gives a good idea of what you should expect.

dukey

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29 Feb 08 #15402 by Fiona
Reply from Fiona
The calculator is a guide but doesn't take account of individual circumstances such as a short marriage. I'd go with sol advice but loan should be factored into the settlement.

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