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What is a fair split of assets?

31 replies

thinkitsdone · 15/10/2023 09:48

Together ten years. Married five.

DH earns £130k a year plus a large pension pot and shares.

Me no large pension pot and no shares but no debt.

House is my house from before we were married, about £50k left on the mortgage.

DH debt from before we were married around £30k.

I don't even know where to start.

Probably have around £10k each in savings.

OP posts:
Luckydip1 · 15/10/2023 11:41

What is fair or what is the law, two very different things! Law will look at what mortgage he is capable of having, 5 x his salary, that will go into the mix. Any inheritances due soo, that would also be considered. Mum will normally get 50 to 60% of total.

GloriousGoosebumps · 15/10/2023 11:42

I agree with determinedtomakethiswork, your husband will be looking out for himself and you should take legal advice to ensure there's a fair division of the matrimonial assets..

Firstly, your daughter may be considered "a child of the family" in which case he can be held financally responsible for her. I've attached a photo explaining the legal position.

Secondly, while a 5 year marriage is a short marriage, your lawyer can argue that the 10 year cohabitation that preceded the marriage should also be considered, in which case it doesn't seem reasonable that his pension etc shouldn't go into the pot.

You really need to instruct a solicitor and get legal advice.

What is a fair split of assets?
Karma2023 · 15/10/2023 11:47

How old are you both as that is relevant?

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thinkitsdone · 15/10/2023 11:50

Thank you. He is moving out in a couple of weeks so I will think on everything people have advised. Thank you I do appreciate everyone's input and I will go and see a solicitor once he has moved out.

OP posts:
80sMum · 15/10/2023 11:58

He keeps his pension but sells some of his shares in order to realise sufficient funds to pay off the mortgage on the house. You keep the house and your own pension.

TheFormidableMrsC · 15/10/2023 12:37

I would consider mediation to be honest. It's a whole lot cheaper than a solicitor and you can sit down together and work it all out. They can also draw up a consent order. It doesn't work for everybody but if you both agree you want to split then it needs to be done. In my case it was pointless as ex did not want to cooperate. However, mediator was an ex barrister who knew her stuff and had ex been cooperative it would have been pretty painless. But he wasn't. Solicitor might advise this anyway as first port of call. Don't sell yourself short though.

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