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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Advice re fair split of family home

7 replies

lostmyway77 · 08/03/2018 11:48

Hi, I was hoping to gain some advice please from people who may be more knowledgeable on this subject than I am please. Myself and my partner have been together for 20 years, but intend to split by the end of July.
The split is amicable (so far). We decided a few months ago that I would stay in the family home for the next 10 years (I can leave sooner if I wish) with the children, and then it would be sold and the equity split 50/50. I was happy with this at the time as 50/50 seemed fair, and neither of us want to try and 'wrong' the other if that makes sense.
However, after reading a few threads on here, and speaking to a friend I'm beginning to have doubts fast.
He has a good job, earning 50k a year, which is likely to go up over the next 10 years. I have a minimum wage job as I gave my career up to look after our 2 children. This is where it becomes complicated as the younger of our children has Autism.
I have had to de register her from school as she couldn't cope, so I home educate. A choice made jointly by myself and her dad. I don't have the option to further my career for at least another 10 years due to this, by which point I will be 'past my prime' in my previous career.
I will also never have the earning potential that he has.

It also concerns me in the sense that we also have no way of knowing what the future holds for our daughter as she gets older. Worst case scenario, she may never be fully independent, and I will need to make provisions for her to to continue living with me in her adult life.
We live in an expensive part of the country. My partner would easily get a decent mortgage with his wage, once he is released from the mortgage in 10 years time. I am probably looking at a mortgage of 60k tops, which is nothing in this area of the country.
So I guess I'm asking whether a 50/50 equity split still sounds fair? I am worried about appearing like a money grabber, but after talking to my friend it seems very unfair that in 10 years time, he gets 50% of the equity along with his high wage and sets himself up in a nice large house, whilst I'm left struggling on a very low wage in a manky 1 bedroom flat in a rough part of town, whilst still maintaining 90% of the care of our disabled daughter?
I know I probably need to see a solicitor, but would really like to get an idea first to see if I'm being greedy or not to argue for a higher percentage of the equity once the house is sold?
I would be grateful for any advice! Thank you

OP posts:
millymollymoomoo · 08/03/2018 12:07

Are you married? That could change the position greatly

Can you afford to pay the mortgage etc on the family home for the next 10 years?

How is the current house held? Joint tenants or tenants in common

lostmyway77 · 08/03/2018 12:10

No we are not married. Our mortgage is on a low interest, 10 year fixed rate so I can afford to cover that, yes. House is held as tenants in common.
I don't think he would be against splitting the equity as a different percentage, but I feel greedy even suggesting it at the moment.

OP posts:
sunshinesupermum · 08/03/2018 12:17

I suggest you speak to a solicitor especially as you are unmarried. You are not being greedy but need to protect yourself and your children for the future.

waterSpider · 08/03/2018 13:14

You may need to learn more about Schedule 1 to the Children Act 1989 if you are unhappy with what is agreed. Ask a solicitor about that. Even so, goodwill of the ex may also go a long way.

Were you married then the 'law' would likely mandate something more generous than 50% house, and/or share of pensions, savings, possibly even maintenance for you. As unmarried, wealth pretty much goes with named ownership, so a 50/50 split of housing situation may be the most you can expect. Child maintenance payable at standard rates.

Of course, you can agree on something different, if you both agree on that. The Children Act allows for capital sums in other ways, but would be similar to the suggested right to stay 10 years in the house unless your kids younger than 8 (i.e. tends to be about delayed sales).

lostmyway77 · 08/03/2018 13:26

I think he would be happy to split the equity differently if I spoke to him. We are both very reasonable people and want to stay good friends after this. I just wasn't sure I guess if it was fair which is why I after some points of view from people not involved Smile

OP posts:
eve34 · 08/03/2018 17:45

If you are paying the mortgage for the next ten years. Then wouldn't his share be at today's value. Not the future value?

Ilovecrumpets · 09/03/2018 08:07

eve each situation is specific but not ususally - because the person not living in the house is losing out on the ‘use’ of his equity for those 10 years ( us will be paying rent himself so analogous to paying the mortgage).

OP do see a solicitor for advice - also think about how you would deal with significant expenses on the house during those years.

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