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Hi everyone, h wants a divorce, he has just seen a solicitor and insists that his suggestion of a 50/50 house split of equity is correct. I've been advised differently, I have one DC who is not my husbands and I have to re home him, I work but to do this i need a greater equity split. He is a higher earner. Husband has made no reference to his pension, share, savings etc. only the house to date. Am I wrong to think as I am? Feeling v fragile, still trying to get my head around the divorce and never ever want to come across as being greedy but without the security of a home how can I and DC move on?
How long did you live together and how long were you married?
Depends on length of marriage usually. 10 years and under tends to be based on assets brought to marriage, over that more on need but this is only a rough guide. As your dc isn't his, that won't be a reason not to be 50/50 but all assets are calculated including pension from during the marriage at least. Get advice as it's not a straightforward situation (mine is very different as we were young when we married so all assets from marriage)
it doesn’t sound THAT unreasonable - DC isn’t his, you work, he works
What does the advice you’ve had suggest?
Your DC isn’t your ex’s responsibility and he needs to house himself as well.
If you can’t get enough equity to keep the current house you’ll need to buy somewhere smaller or rent.
If 50% each isn’t enough to form two new households then you are right all assets including pension and savings taken into account at least for duration marriage. Court will look at both your incomes, future earning capacity, caring duties and financial responsibilities in deciding what is fair. Also consider if your H took on financial responsibility for your child during the marriage. I wouldn’t negotiate until you know how much the pension and savings are. His ability to get a new mortgage and borrow more on higher earnings and lower outgoings is relevant and can be taken into account in deciding a fair split which meets both your basic needs.
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