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Pension offsetting

  • Actiongleek
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26 May 21 #516820 by Actiongleek
Topic started by Actiongleek
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


  • Rickoshea
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26 May 21 #516821 by Rickoshea
Reply from Rickoshea
How old are yourselves and the children and how much would suitable houses be for you both i.e. 3 beds as a target? With limited equity and mortgage capacity in the first instances pensions may be down the list before you can make a call. Has she capacity to increase her days to 4/5 etc. depending on childrens ages or is that her current maximum?

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