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Unequal split of assets

(10 Posts)
AnotherDayAnotherDrizzleCake Wed 24-Apr-19 12:11:09

Do courts ever accept an unequal split of the assets in divorce?
For example, if a couple started out on equal earnings and potential, but then one partner built up personal debt (unbeknown to the other) and took a massive drop in income, and the other partner had contributed 80% of the finances, life admin, childcare and housework.

OP’s posts: |
millymollymoomoo Wed 24-Apr-19 12:16:34

Unequal splits of assets are common. How the split is arrived at will depend on multiple factors , not necessarily based who who paid for what

AnotherDayAnotherDrizzleCake Wed 24-Apr-19 12:33:43

Ah yes, I can see what you mean, it's about providing for each party. So what would be fair for partner with the debt if they couldn't buy a property (because of their debt) and didn't have the income to rent? Presumably the courts would expect them to find a job?

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millymollymoomoo Wed 24-Apr-19 14:18:22

Impossible to tell here. Ultimately there would probably be a requirement to maximise income but depends if they are primary career to young children, earning of other party, there may be spousal maintenance ordered to them to help them get on feet etc. So many variables and outcomes which only a solicitor with all facts would be able to advise

NotBeingRobbed Wed 24-Apr-19 14:46:21

I’m afraid marriage is an utterly unfair deal. You can start with equal chances. One person can work hard, act responsibly and save. The other can sit back, earn little and rack up debts. Person one will be forced to hand over cash to person two. Nobody seems interested in who put in more. In fact the less you put in the more you are entitled two. This is without even getting in to who looked after the kids most.

A lawyer may or may not help you. They will certainly be very happy to relieve you of a good chunk of cash.

I am the woman in the relationship. Worked hard, saved, was responsible. Now I’m left supporting the kids and having to hand cash to my reckless and irresponsible ex. I certainly wouldn’t ever marry again.

Xenia Wed 24-Apr-19 15:29:42

Sadly it will be the other way round for the poster - because the spouse is in debt and haw a love income they will be rewarded by the courts for their foolishness and money will be heaped upon them and they may well get more than half rather than less.

NotBeingRobbed Wed 24-Apr-19 16:00:27

Yes Xenia and I had had similar experiences. Foolishness is rewarded. Exactly.

AnotherDayAnotherDrizzleCake Wed 24-Apr-19 22:11:02

This is my worry. I'm the primary carer. I've had legal advice that I'd be entitled to my assets from before the marriage as it is a short marriage but even then a 50:50 split wouldn't enable me to buy the family home, and I'd struggle to find anything affordable in the area with the equity.
Any advice from those of you who have been in a similar position?

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DidThis45 Fri 26-Apr-19 17:38:29

@AnotherDayAnotherDrizzleCake I'm in a similiar position, h wants a divorce. I sold mine and my DCs home to stump up the deposit to move into our current home. H is a high earner. I have been advised that if we went to court a judge would grant a 50/50'split and that I would have no right to any of his pension. With the equity that I would get, I am unable to buy a home. H can start again and buy a home etc. It's all so unfair. Am seeking further legal advice.

stucknoue Sat 27-Apr-19 17:17:44

I sold my home (many years ago) to enable us to buy a family home. I could have written in at the time that I own the first £100k but I didn't, probably a mistake though at least it's likely that h will be reasonable and give me the house in return for savings enough for him to purchase another (very theoretical as I'm still hoping for reconciliation).

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