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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.


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House and mortgage are in my name .....

  • kerbear
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01 Oct 12 #358747 by kerbear
Topic started by kerbear
Hi,

I''m a mum of 2 children aged 5 and 9 months and I''m married to their dad. The house and mortgage are in my name, and I had the house before I met my husband.

If we split up and he moves out would he have to pay anything towards the mortgage? Would he be entitled to half of the house?

I work full time and I earn more than he does.

I just want to know where I stand to ensure my children keep a roof over their heads - I don''t want him to pay towards the mortgage but I''m hoping I wouldn''t be forced to sell or give him half the proceeds if I sold the house at a later date when he hadn''t contributed to the mortgage.

Any advice would be greately appreciated, thanks!

  • Elphie
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01 Oct 12 #358769 by Elphie
Reply from Elphie
If he has moved out, he doesn''t have to contribute to the mortgage, however he does have claim to 50% of the eqquity, to rather than letting it go you should get your financial split sorted ASAP.

People on here can advise you as to what that split might look like, but would need a lot ore information. Eg
Your age, his age,
Length of marriage
Your income his income (including benefits, and child maintentence he is paying you)
Mortgage on the house and house value
Any other savings
Any debts
Pensions


Once you have an idea of what might be a fair split of assets, then yor best bet is to agree the asset split with him, through mediation if necessary, then go to a solisitor to have a consent orde drawn up.

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01 Oct 12 #358776 by kerbear
Reply from kerbear
Thanks for your reply.

He hasn''t left yet but that''s my concern that he doesn''t have to contribute to the mortgage but is entitled to some of the equity.

I can''t afford to buy him out and I can''t afford to move - I can afford to continue to live there but don''t like the idea of being the only one paying into the house and still having to give him half.

We''ve been together 6 years and married for 2 years. We have no savings or anything like that and other than the house we have a car in my name.

The house is probably woth about £120k with £100k mortgage.

It''s probably a stupid question but does the reason for the divorce have any bearing in how things are worked out?

  • sexysadie
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01 Oct 12 #358782 by sexysadie
Reply from sexysadie
The reason for the divorce doesn''t have any bearing but the fact that you have only been together six years will.

He will be entitled to some of the equity but from what you say the equity is only £20k in any case. If you can take out a bit of extra mortgage to offer him £5k or even the full £10K for a Clean Break it might be worth it - it could easily cost you that to fight it through the courts.

This assumes that the children will stay with you - if he has been the main carer then he might have more of a claim.

It also assumes that neither of you has any pension to speak of, as well as no savings.

Best wishes,
Sadie

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07 Oct 12 #359713 by kerbear
Reply from kerbear
Thanks sadie!
As much as it will drive me mad to give him anything wen he hasn''t provided for me or the children for the last 3 years, I think ur right it might be worth offering him something for the Clean Break - I just want to get it over with.
Thanks for ur help :)

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