Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Is this solicitor's advice to dh right?

(23 Posts)
Helpmeltb Tue 10-May-16 20:03:34

Dh and I have separated but still living together. Turns out he's been to see a solicitor today, who has apparently told him that he'll be able to keep the house, transfer mortgage and deeds into his name and he'll only have to give me half the equity.

Is that right? Will they not take into account I earn less than half what he earns due to 8 years at home with the dc and he has a bigger pension?

Basics are:
2dc - expecting roughly 4 night's with me, 3 with him
Him 50k plus company car plus leftover from car allowance as extra salary.
Me 22.5k
Both full time.
No idea what his pension is worth but he's paid into one for around 10 years. I've paid into one for about 1 year.

Helpmeltb Tue 10-May-16 20:22:06

Also, to clarify, dh is going to transfer the family car to me as he has a company one and, regarding the equity, he doesn't have any money saved to buy me out.

Equiem89 Tue 10-May-16 20:24:48

In terms of pension you can get a pension sharing order implemented

AnchorDownDeepBreath Tue 10-May-16 20:24:57

How old are the children? Are you currently living in the family home?

Helpmeltb Tue 10-May-16 20:41:37

Dc are 9 and 6.

I'm struggling to find a rental property that is in budget. Particularly as property is in demand here and they prefer no kids.

Helpmeltb Tue 10-May-16 20:42:49

Currently living in a 4 bad detached with about 40k equity. I can't afford it on my salary, he can on his.

LineyReborn Tue 10-May-16 20:43:51

He can say what he likes.

You can say No. See a solicitor of your own asap.

thisisnotausername Tue 10-May-16 20:44:50

Message withdrawn at poster's request.

Helpmeltb Tue 10-May-16 20:45:45

I'm trying to arrange an appointment with a solicitor but I work full time and I'm on a fixed term contract - can't really finish early at all because I really need them to make me permanent when it's finished.

Looly71 Tue 10-May-16 20:46:10

Do not move into rented accommodation. Get your own solicitor

icandothis64 Tue 10-May-16 20:47:07

No. Not true. Unless you have agreed to it through a joint consent order. If you end up in court, the judge will look to put the needs of you and children first (assuming kids stay with you) before they look at husbands needs. Get advice now. Even if you just have there low cost introductory meeting with a solicitor. Ask around for a recommendation from friends. I am in same situ so have a fair bit of knowledge sadly on this topic.

Helpmeltb Tue 10-May-16 20:50:00

He can't afford to buy me out with a lump sum. I can't buy anywhere without a deposit. I'm struggling to find a rental and don't see why I should have to struggle in a tiny flat with no outdoor space while he lives in a 4 bed detached house.

I think this is his plan. I end up in a grotty place so the kids want to live with him. sad

Blu Tue 10-May-16 20:55:53

He is talking bollocks.
In the firs

Helpmeltb Tue 10-May-16 20:55:58

I would struggle to buy with 50% of the equity - I'd need slightly more for fees and stuff.

BombadierFritz Tue 10-May-16 20:59:03

His solicitor will act in his interests (ie give you as little money as possible). Your solicitor will act in your interests.

Blu Tue 10-May-16 21:01:00

Oops!
In the first place if you are housing the kids you would be entitled to 60%, possibly 70% of the equity.

If he can't afford to buy you out the house will have to be sold and you be given your share.

And don't forget when working out your finances that he wil owe you child support money.

Don't go anywhere until you have seen a solicitor of your own!

ImperialBlether Tue 10-May-16 21:01:25

No, no, no. That is very poor advice.

Find a solicitor for yourself and take no notice of him.

dunfightin Tue 10-May-16 21:45:12

Obviously it's useful to meet solicitor face-to-face, but you can do most things on the phone. And if necessary the solicitor may be able to come to you so you can fit things in during your lunch break.
Main thing is not to take what he says at face value and to get your own advice.

HeddaGarbled Wed 11-May-16 00:01:17

Ha ha ha. He's having you on. No way did his solicitor tell him that. Have a read of this:

www.judiciary.gov.uk/wp-content/uploads/2016/04/fjc-financial-needs-april-16-final.pdf

Fourormore Wed 11-May-16 08:27:40

If the arrangement is a 4:3 night split over a week then the traditional arrangement of one parent getting more in order to accomodate the children isn't likely to be the same as if it was a 6:1 split, surely?
And child maintenance to you will be reduced.

Either way, I'd get your own solicitor and don't move out until you've had proper advice.

millymollymoomoo Wed 11-May-16 12:56:14

Well I think its very possible his solicitor has told him that, as that will be what they will fight for.
Your solicitor will tell you in all likelihood you will get a lot more, and the reality will probably be somewhere in the middle.
Each of your solicitors will be acting to get the best outcome for their clients (i.e. you)
In reality, they will look at length of marriage, earnings (past, present, future) capacity, number and age of children, pensions etc and work out how to split that and its likely as lower earner and primary carer (if you are) will be awarded a higher split.
Don't agree to move out, and don't agree to anything re finances without advice from your solicitor

Helpmeltb Wed 11-May-16 19:58:10

Thanks. Especially to Hedda for that link.

I'm trying to find a solicitor who can do Saturday appointments.

kittybiscuits Thu 12-May-16 19:55:11

This is the oldest trick I'm the book. Don't believe a word that comes out of his mouth. Whatever your commitments are you need to take time out to see a good solicitor.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now