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Cohabitation & AR

  • BRM
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28 Feb 08 #15271 by BRM
Topic started by BRM
Hi, I'm hoping someone can help. Long story cut short. Already have NISI, wife lives in our house with new partner and they have just had a baby. We had two children both live with them but with me every other weekend. i live at my partents house. I want a 50/50 split of the equity and can't see why her new partner doesn't just get a morgage to raise the money to pay me. After all he is living in the house I spent 14 years paying for. Do you think the Judge will go for the 50/50 split?

Thanks in advance

  • floswift
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28 Feb 08 #15274 by floswift
Reply from floswift
no she has kids she will get more

  • Gracekelly
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28 Feb 08 #15277 by Gracekelly
Reply from Gracekelly
My ex signed the house over to my new partner and myself but I had to buy him out. This amount was considerably less than a 50/50 split.
They take everything into consideration but with your wife having the children she will always get more.

  • loobyloo
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28 Feb 08 #15278 by loobyloo
Reply from loobyloo
I can assure you that 50/50 is the starting point... it will be up to judge on the day, my case has gone to final hearing i have 2 kids and do not live in the FMH we lodge at present
But the judge at fdr only suggested 50/50 despite me having the kids
So now My sol is pushing for 100% equity n house plus 50/50 on assets and pension share, hearing next month so well see

  • BRM
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28 Feb 08 #15282 by BRM
Reply from BRM
Thanks for the info. Somehow it doesn't seem quite fair. She has affair, gets pregnant asks me to leave and she gets the house, all the belongings and I get the family debt. Last time i get married me thinks!!!!

  • juttabeck
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19 Mar 08 #17210 by juttabeck
Reply from juttabeck
YOu fall into the trap my partner fell into, that it was never pointed out to him that by marrying someone you promise to look after them financially for life, seemingly regardless of whether they can look after themselves....

  • Fiona
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20 Mar 08 #17265 by Fiona
Reply from Fiona
Just to clarify, children are the first consideration in dividing assets but they are not the only factor. Being the parent with care of children doesn't always mean 'getting more.' In our case the split was 75:25 in my ex-husband's favour, although our two children lived with me. I know several business women in E&W who were in a similar situation.

In a long marriage when there are assets over and above what is required to meet both party's needs the emphasis moves more towards 50:50. Also cohabitation may reduce the need of one because their living costs are shared. The aim is to leave both party's with a lifestyle on a par with each other.

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