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Divorce and property 75 / 25?(7 Posts)
My husband left me three years ago. I have two young children who live with me. I am in the process of trying to sort out the property and finances. I was a housewife and took care of the children. Since he left I have paid the whole of the mortgage on my own as I got a part time job. He has only just started paying maintenance as I was forced to go to CMO.He has fairly skilled job and is living with new partner and her teenage son in a nice house in a nice area (rented though).
We went to mediation but through no fault of my own it did not work. I made him an offer, which equates to roughly 75/25 of the equity. He is being very stubborn (expecting nearer 50/50) and refused this offer outright. We tried to sort it out via email (to save costs) with my solicitor’s help but now for reasons I won’t discuss here communication has broken down.The equity is about £100 K
There is no more money to offer and I cannot get any more. I cannot consider selling either as I would prefer to know what he is after or more like it what he is told to accept.
It is looking like it will have to go to court. The problem with this is that it will take the money I have to offer him at present and as stated I cannot get any more. My solicitor has said he would push for 75 / 25 but I am not convinced as I have looked on internet and it seems to be 60 /40? I do not particularly want mesher order type scenarios as he is very controlling and clean break would be best.
I know a lot about Matrimonial Act from my solicitor and how the court will look at this putting children first, etc. but this is a huge gamble with court and legal fees.
Has anyone ever got 75 / 25 or higher? Or any other options anyone?
My husband got 60% on a clean break with no maintenance obligations including for the children (I earn more). It is difficult to generalise as everyone is different.
Thanks, he earns twice as much as me and does have two incomes coming in,
Has your husband taken his own independent legal advice? Very often people assume that assets are shared 50:50. In ordinary money cases the reality is assets are usually shared according to the needs of the parties rather than a mathematical percentage. If your husband hasn't benefitted from legal advice he may not be aware of that fact he may need to be told by a judge before he takes it on board.
Every case depends on the particular facts. You can't make comparisons with others on the internet because their circumstances are likely to be very different.
Ratios can be anything from 50:50 to 0:100 and they are the end result after considering the overall details. Splits of equity 60:40 are fairly typical but 75:25 or 80:20 aren't uncommon and 0:100 isn't beyond the realms of possibilities when there is little equity to share.
Sometimes when equity is shared 60:40 pensions maybe shared 50:50 whilst in other cases equity may be offset against pension so one party receives a larger share of equity and the other a larger share of pension.
A good starting point is to research local property prices and both parties' mortgage raising capacities. If the former matrimonial home is larger than required to house the children adequately it may need to be sold to release equity to enable both parties to rehouse. Downsizing isn't an option when a property isn't that large. Then it is a case of identifying any shortfalls in mortgage raising capacities and working out a balance.
Thanks, I had not thought of downsizing as house is small. I would like to add that I am not out to take anyone to cleaners but I have kept the house going on £8 k p. A. The house is for and will be for my children.
Dh was mid divorce when I met him. The house etc was split 70/30, with a clean break. He kept the house and the dc. His ex didn't have to pay maintenance though, as dh was the higher earner.
Just to add, the mediation people said that he probably wouldn't get 70/30, when it went in front of a judge but he did.
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