Hi all,
Firstly, thank you for taking the time to read.
Here is the situation:
We're trying to complete an amicable financial separation.
We have three daughters, they are with her 4/7 nights a week.
We have a house worth £300k, with an outstanding mortgage of £180k
I have the matrimonial debt in my name of £20k (cars and diy on
matrimonial home)
My
CETV approx is around £300k+ and hers will be around £160k - probably more, but I'm wanting to test a theory)
My salary is £65k full time
Hers is around £30k part time (3/5 days)
I contribute £600 pcm
child maintenance and pay for all school costs on top of that.
We are trying to make a
Clean Break agreement,
offsetting pension against house equity.
I am content that she takes net asset providing that debts are settled first.
Is it likely that a judge would expect me to carry the marital debt while releasing the house equity to her?
She could not raise a mortgage herself, and will require me to be on the mortgage (due to her income not being enough, which I understand is not a clean break as such!!). Is it likely that a judge would force me to remain on the mortgage? Or would they suggest the property should be sold and equity be released to her to purchase a property in her own name?
Any help, advice, or pointers to previous similar cases would be highly appreciated. Ideally, I would like to remain amicable, but I'm not sure that will be possible.
Regards,
C