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Settlement advice

  • benish7
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27 Aug 21 - 27 Aug 21 #517558 by benish7
Topic started by benish7
Hi,
Any help on which way a settlement might go? I've not had chance to have a lawyer consultation yet, but I'm laying awake tonight thinking numbers!
I've tried running the calculator but whenever I put a term in above 0 for marriage length it seems to not take into account the assets we have.

Married for 8.5 years, lived together for 9.5. Both ages 31
2 children, age 6.5 and 5
My wage is 46k (reduced at moment to 70% due covid, from 64k). My wife is part time (2.5days) for the NHS and wage is 16k
My wage potential can be expected to rise to 110k in 3-4 years (airline pilot)
House equity is around 90-100k and we have savings of 10k
My pension pot cash value currently sits just shy of 35k. I've requested wifes cash value of hers, but would have no idea what it roughly is.
I'd expect to have the kids 2/3 nights a week

Any ideas on what a good split would be? I can't imagine it going much in my favour if it went to court.

Wife is only realistically looking at shared equity houses, as we live in Harrogate which is a very expensive place to buy. Currently there's none available so the idea is for my parents to buy me somewhere with cash (to get us away from each other!!), which I'd then re purchase from them once my affordability goes up when I'm on full wages. Our house would go on the market nearer the time the affordable homes are ready.
Any issues in terms of financial split to a judge, if my parents are throwing money at me!?

Thanks everyone
Ben
Last edit: 27 Aug 21 by benish7.

  • WYSPECIAL
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27 Aug 21 #517561 by WYSPECIAL
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Would it be cheaper for you stbx to remain in the FMH for the time being rather than have the cost of selling and buying a shared equity house?

Given the disparities in incomes she will probably need all, or the vast majority, of the equity to house herself and the children.

Given her income she may struggle to get a mortgage on her own.

Be aware that if you do move into a house purchased by your parents your housing needs will be met and getting her to agree to sell and move out of the FMH, if that is the current plan, may become a lot harder.

Have you agreed child maintenance or will you be using CMS?

  • benish7
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31 Aug 21 #517602 by benish7
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Thanks for the reply,

No we've not agreed child maintenance yet, and will be using the CMS most likely. There is the option of her staying here, but she needs to be off the mortgage and deeds to even be able to apply for and progress with an affordavble home, which makes it extremely hard. I'd have to continue to contribute towards the large mortgage and bills here, she could drag her feet and take a while to move on!!!

  • hadenoughnow
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01 Sep 21 #517605 by hadenoughnow
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How big is the FMH?
What is the market value?
How much is the outstanding mortgage?

How much would a 3 bed place close enough to school etc cost to buy?

Would your stbx be able to increase her working hours ar all? Have you checked her eligibility for in work and child related benefits? Is she likely to progress in her career and earn more in future??

The priority here is secure and stable housing for the children. If your parents are able to provide a property for you there is no urgent need for you to be released from the mortgage.

Bear in mind that the CMS amount is the statutory minimum. It is open to you to pay more than that.

Hadenoughnow

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03 Feb 22 #518772 by benish7
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Apologies for not coming back sooner!
Its been a mad few months!

The FMH sold last week and after all the fees including early termination charges the pot of money stands at 91.5k

I've lived in a house my parents helped buy since Septemeber and I've been having the kids 1/2 nights per week.
My stbx (Decree Nisi should be a couple weeks away) now lives at her parents as she hasnt been able to find anything. A 3 bed in Harrogate ranges from 230-330 really, and she can get a mortgage for 110k, although I've just done some calculators and other lenders should be able to offer her more.
She works over 30 miles away and increasing her hours kind of makes it impractical when it comes to the school drop off/pick up on her days. It would also make things difficult in the school holidays (a time when I'm at my busiest!). She will earn a very good wage if she ever goes back full time and the NHS has decent progression.
Shes recieving universal credit currently.

Im back to normal wage and recieved a promotion so im now on 73k

We had agreed a split of 80/20. The CMS site says I should pay 730 a month, but we've agreed to go to 1100, so 'I'm not bare minimum' and all clothing and any extra curriculur activities (swimming) will be covered by that.

Lots of people tell me I've been over generous as I'm giving a large % and a large increase on the CMS.

A couple of solicitors I've recieved advise from are both saying as my housing needs are met its likely a judge would just rule her to have the full 100%. It's likely he'd have ruled that anyway due to me been able to get back on my feet quicker if I hadn't already sorted a house.
My stbx is now suggesting she should get the 100% to be able to provide a decent home.

If I go to 100%, should I drop back my maintance payment?


Any advice appreciated!
Thanks, Ben

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09 Feb 22 #518843 by benish7
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Anyone?

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