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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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Ex Hubby selling house what am i entitled to?

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21 Apr 12 #325536 by bugjam
Topic started by bugjam
HI all... sorry this will be long but i have no idea on anything so here goes...

Ok split with my husband last year after 14 years together ( married since 2006)

We have 4 children together and we decided that i would be the one to find somewhere else to live with the 4 boys, so that he still had a roof over hs head to support the kids. He wanted me out a.s.a.p and so i found a rented house within a month and moved in. As you can imagine this cost me a small fortune with rent fees deposits etc etc. Roughly 2k in which he gave no help too.
I left him everything, the house,most the furniture, car etc etc only took one childs bed and two chest of drawers and the small bedroom tv. The rest i have had to buy again ( with the help of new partner)
Just so you know i am not on the mortgage but am on the deeds and have been since 1998 when we brought the house.
We agreed in the begining that when the mortgage was due for renewal (april 12)he would pay me off with 16k.
Now this week he decided to put the house up for sale as he is moving in with someone new who owns her house and so no need for two houses. had a call earlier to say offer for 123k has been offered on the house. But he is now saying i only get some of the equity going from what the mortgage outstanding was on the date i left. Which i know was 90k but he is saying was 92k and now the mortgage is 88k. So straight away he is 4k up. Just wanted to know if this was right? Does it go on the 88k outstanding now, or the 90k when i left. I did say on the phone that it was 90k and he agreed but said he was going by the 92k.
I just really want to know what exactly am i entitled too? Any help or advice would be much appreciated. I am not out to take him for everything i just want what i am entitled too... after all i left him with everything and its me bringing up the kids.

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21 Apr 12 #325542 by WYSPECIAL
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Have you got divorced?

From what it sounds like there is about £35k equity in the house if the mortgage outstanding is £88k. If he is offering you £16k then that is about half by the time you take into account the fees that will be involved in selling up.

Are you happy with that or do you feel you justify a bigger slice?

What else is there to split?

In theory you could well get more than half of the total pot when you do divide up as you have the kids most of the time. Depends on needs and what there is to divide.

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21 Apr 12 #325564 by bugjam
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Hiya thank you for your reply.

No we have not even started divorce proceedings yet, i have not got the money and apparently its me that has to pay.

Sorry should have made it clearer, in the begining he said 16k... Now he said lower about 13k. Fee for selling the house approx £4800...

But he is going on the outstanding mortgage when i left which i know was 90k and he is saying 92k... i know its only 2k difference, but left him with everything. Even the family car, even though he has a motorbike that he uses.

Is it on the outstanding 88k? Even though i had moved out?
Apart from everything in the house from tvs, household appliances, computers basically everything we got together.. We didnt have no savings.
Thanks again for your reply.

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23 Apr 12 #325894 by bugjam
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Hello again.

can anyone comment on the amount the equity starts from please?

Is it from when i moved out, or how the mortgage is now?

Many thanks

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23 Apr 12 #325913 by cookie2
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A court looks at the value on the day that the court is asked to look at the value. They don''t go back to date of separation, date of divorce, or any other date.

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23 Apr 12 #325918 by bugjam
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Ah thank you.

So as it was sold at the weekend it goes on that value not last year when i left. I know its not much difference, but because i have the four children and the amount that i have had to pay out to get a roof over our heads cost me loads i didnt want to miss out.

Many thanks

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30 Apr 12 #327408 by bugjam
Reply from bugjam
UPDATE..

After sitting down and discussing it properly like adults we finally agreed on the split... with him getting a few thousand more than me as he said he needed to find rented accomodation so he could still see the kids... I also left him the family car and the motorbike... knowing i could get a car once i have the money and that he still had one so he could have the kids

Thought i was being quite fair!! Considering i have the kids living with me.

I have since found out, he is not going into rented... his new misses is selling her house so they can get a house together. So the sob story he gave me was rubbish!

So between them with both the equity from both houses will be quite a fair amount, while i am left with not even a deposit to put on a house.
Please be honest and tell me if i am being unreasonble if i ask for more? I can only work part time because the youngest not at full time school yet.
I am living with a partner just like ex will be... but its still a struggle financially for us.. While the ex and his misses will be lving the high life?
Like i said please tell me if i am being unreasonable... but i put everything i could into the house for 14 years.. so why should i be worse off?
thanks for listening.

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