So ex finally turned up to our mediation appointment. Was obvious from start he wasn''t willing to try as he had brought none of the financial documents requested.
So he wants the house sold and 40% of the equity proceeds, that''s what his solicitor has told him he should get. His solicitor has also said it is a short marriage(we lived together 12 years then got married for 5 years) I have been told it would all be taken into account?
There''s only £25000 equity. Nothing else. When I said where is your son going to live he said not my problem, you''ll have to get somewhere else.
On the positive... at least he finally turned up! Speak to mediation and ask if they can contact him and request he bring the relevent paperwork to the next meeting... at least then you would have given it a fair chance before going the court route.
I don''t know all your finnancial circumstances but a 60/40 split on the face of it sounds o.k... but As I said I don''t know everything so wouldn''t really want to comment unfairly
So he''ll huff & he will puff. Children come first, hopefully the mediator told him that. Are you scheduled for another mediation or is he issuing proceedings?
If he chooses to go the court route it will be expensive for both of you, but he most certainly won''t get 40% if there''s a child to be housed.
Also you are right, cohabitation which leads seamlessly into marriage I believe is counted.
Let him huff!
Sorry to hear it wasn''t meant to be.
I knew from the outset that mediation was not an option, still attended one session, just to be shouted at!
Started court proceedings last April, final hearing was at end of June, still rumbling on. I knew my stbx wouldn''t be honest or fair and It seems the judge agreed with me!
He still has the option of appeal in my case so I just have to wait & see.
I know others who have mediated for months and still ended up in court because one party just will not compromise.
At least you know you tried.
I suspect he will get less out of the court than he figures, with only £25K to share his being £10k is it even worth considering, he will spend his share of that in court, is he stupid?
Out of his share is also going to be selling costs, most people do that, so he will end up with about £8k, and I guess thats going to his solicitor, the rest he will have to loan to pay the court etc.
If as I assume you can continue to pay the mortgage and your home isnt at risk. I would sit back and wait for him to take you to court. You can self rep through the first stages. I think your ex needs to hear from a judge that he just isnt going to get 40% of the equity at this present time.
I dont think you have anything to lose by going to court and would possible actually gain, but I would let him do the taking.