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Division of assets and house. Please help

  • Happygoluckygirl8
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15 Aug 12 #349761 by Happygoluckygirl8
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Hi I''m newly separated and filing for divorce. I hold my home tennants in common me 185000 (from sale of my home) my husband 20,000 ( from his divorce) This is drawn up on deeds. We were married 5yrs 10 mths. I earn 960 a mth ( which i cant increase due to poor mental health since my son dying 3 yrs ago) he earns 2000-2500 a mth. I have a car in my name worth 13000 he has car with 5000 in his name. We had the vehicles when we met. He is saying that he wants half the house equity which is now only 145000 due to taking a further advance on mortgage (which we spent on house but didnt increase value) also he said he wants to go for my pension and half my car! Can anyone help me please as I have a 12 yr old son and I am struggling daily as it is. Can he rob me of everything with his good wage??

  • WYSPECIAL
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16 Aug 12 #349789 by WYSPECIAL
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He can go for what he wants. What he gets is another thing!

Is the 12 year old his child?

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16 Aug 12 #349812 by cookie2
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Yes as WYS says he can go for the moon if he wants but that does not mean he will get it!

The primary concern will be the housing needs of the child. How can you possibly give him half of the house equity? Selling will not be an option with a child living there, and on your wages you certainly can''t get a mortgage for 50% of the value. On the face of it your husband''s expectations seem totally unrealistic.

The cars he is having a giraffe if he thinks he is going to get anything for that. He has his, you have yours, end of story.

What is the value of the house and how much is the outstanding mortgage?

If your husband is not the child''s father (which I guess from the age he is not) then does the father pay child maintenance? How much?

Are there any other assets such as savings etc?

Any other debts such as credit cards or loans?

How much are each of your pensions worth?

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16 Aug 12 #349813 by Happygoluckygirl8
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No sorry, he is from my previous marriage! We also have a debt from a credit card and overdraft of 5000, will I b left with it? It''s in joint names.

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16 Aug 12 #349816 by Happygoluckygirl8
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He has 5000 tucked away in a savings account but I have none. There is 100000 left on mortgage but I want to sell house as its a big 4 bedroomed detached and I can''t afford to keep it. My ex husband pays me 100 a mth maintenance. I''ve been a nurse for 22 yrs but only working 120 hrs a wk for last 10 yrs. he is now an ambulance technician for last 2 yrs earning twice my wage.

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16 Aug 12 #349817 by Happygoluckygirl8
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20 hrs a wk sorry

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16 Aug 12 #349819 by cookie2
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Sorry the house figures are a bit confusing. The mortgage is £100k and the value is £145k? So there is only £45k equity? Or the value is £245k, making the equity £145k?

How much would a suitable accommodation for you and your child in your local area cost?

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