50/50 Equity - Can I get more than half?

[diaryofawimpymummy]

Does anyone know if I have any options in my current position:

My ex and I separated a few years ago. The house we jointly own is about to be put on the market and we agreed the equity should be shared 50:50. This was agreed at Court by us both and put into a Court Order. We agreed 50% each as we did have equal Shared Residency of our 3 children and had a financial arrangement by which all costs for them were shared equally, my ex didn't pay maintenance of course, due to the above, and it was all working well...

BUT things have changed since Court (12 months ago) and now the children live with me full time and stay with my ex every other weekend. My ex is very bitter about the above change in residency (which is now Court Ordered) and has quit a long term and steady job to avoid paying maintenance (and told me this is why saying they are looking into going self employed as can dodge maintenance that way too!) Ex is not working according to HMRC and is not claiming benefits either (according to CMS) so I can only assume is being supported financially by family for the last 6 months. I have had to reduce my working hours to part time to be able to care for the children and as such am now on a reduced wage with 3 children and no maintenance.

My question is, is there any way that I may be entitled to more than 50% of the equity in the house once it sells? Ex is now living with their parents and I am living in a rented council property so neither of us want to live in the house and both need the money so it does need to be sold. However, as the children are now with me full time and I receive zero maintenance for 3 children is there anyway I can either change the order stating 50:50 or apply under Schedule 1 Children's Act (got this from doing a little bit of research) for a lump sum from ex's 50% share of the equity upon sale of the property?

Equity isn't huge - about 50k so 25k each @ 50:50 but a larger share for me would mean I could go back to full time hours and use the money for wrap around childcare for the next few years or just to put towards the day to day costs of the children given I'm receiving no maintenance. It just seems like a smack in the face that ex will get a 25k lump sum and doesn't contribute financially to the children.

TIA

[STIDW]

A Consent Order is intended to be final and can't normally be revisited. Did you take any legal advice?

[diaryofawimpymummy]

Hello. It's an Order for sale not sure what a consent order is though. We were not married if that makes a different. No I didn't have any legal advice neither did he.

I did think it was too late to try and change the Order :( Do you know if a Schedule 1 application would be appropriate to try and get a portion of his 50% once the house sells to provide for the children for the above reasons?

[diaryofawimpymummy]

Anyone know whether this sounds likely for a successful schedule 1 application despite being for relatively low amount?

[STIDW]

A Consent Order is an order that has been agreed "by consent" rather than an "Order of the Court" imposed by a court ruling. Because a Consent Order was agreed rather than decided on merits of law they can be difficult to set aside.

In any case as you weren't married ownership of the property would be determined by property law. If the property was held in joint names the starting point and most likely the finishing point would be to assume each party held an equal interest in the property unless the deeds stated differently.

Under schedule 1 an order can be made for a transfer of property or a lump sum to be made available to house children, but it is held in trust for the children and reverts back to the original payer when the children reach 18 or finish uni. Capital payments can also be claimed to cover one off expenses such as furnishing a child's bedroom or a computer. Whether a claim is successful depends on the financial circumstances of both parents. You really need to see a family solicitor to find out where you stand and your options.