The house?

[Isaintheshop]

Just starting (or well trying to start) separation proceedings. We have one 1 Ds, and a family house we bought when I got my grown up job 3 years ago. DH has his bachelor flat 3 hours away where he spends half the week.
We both earn about the same. Is there any reason (other than utter twattishness) that I couldn't just buy DH out of our half for market value etc? I love love love our house, DH moans about it and has no real ties to our area. I also need a bit more space as will probably need a live in nanny so need room for her. I'd also like to minimise disruption to DS.

[petalsandstars]

If he has a flat elsewhere that would also sit in the "assets pot" so at first glance eg if flat = 50k and house = 100k you'd only need to give him 25k for 50/50 split.

But I'd have thought if you are going to be resident parent you would get more assets in order to house DC.

[Nottodaythankyouorever]

But I'd have thought if you are going to be resident parent you would get more assets in order to house DC.

Not necessarily at all. Depends on assets and income.

[Isaintheshop]

Hmm. Apparently cos the flat was his before marriage it doesn't count. I had a flat which I sold so we could buy our house 50/50. Don;t know why anyone gets a pre-nup in Scotland!
I'm hoping that being the resident parent will count for something. At the ned of the day I;d probably be happier anywhere else with just me and DS but its so sad. I;ve not been allowed to do any of the lovely things I wanted to do to our hosue (avocado bathroom anyone? - control issues) and it'll be such a sickener to have to do them to make it worth more to sell...

[petalsandstars]

Who told you it doesn't count? Him or a solicitor?

[MrSlant]

Solicitor ASAP, I don't know the law in Scotland but once you were married I strongly suspect that the flat became part of the joint assets pot. He's a chancer!

[Isaintheshop]

My solicitor. I was fairly surprised but really liked her otherwise. Apparently only what we've gained ie increases in savings etc count (He has a fair load of savings and could easily buy me out but doesn't really have any links with the area apart from me and DS). I'm honestly not doing the MN cardinal sin of asking for general opinions against my hired professional's opinion, i was just wondering if there was a reason why I couldn't buy him out.

[petalsandstars]

That screws over any sahms who divorce then. Surely that can't be the law in Scotland?

[Isaintheshop]

Its weird isn't it? But I assume if you;ve decided to be an SAHM that means you need to be suitably compensated IYSWIM - for lost earning potential/money that otherwise would be spent on childcare etc

[petalsandstars]

Wow - Google checked - glad I don't live in Scotland. However did find this ... Therefore, pre-marriage, inherited or gifted assets are not matrimonial property, as long as they remain in the same form throughout the marriage. However, if such “non-matrimonial” property is sold during the course of the marriage and the sale proceeds are used to buy something else (e.g. a car, another home) then the “something else” will be matrimonial property. There may be scope for arguing that the value of that converted property should be discounted in some way, but that is a separate issue.

So you might be able to argue something for the value of your flat to be lifted out of the house.

I take it he's not going to offer you a "fairer split" due to his own investment being out of the pot.