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Divorce/separation

What would be a reasonable offer in these circumstances?

6 replies

GreigeingGracefully · 31/08/2018 13:07

We were together 12 years, married for 3 months before separation (due to his infidelity). I spent some time as a SAHM and supported him through joblessness and retraining.

He has inherited well a couple of times, sufficient to buy a house outright. He currently owns a 5 bed house worth £150k - £180k, has a substantial pension (not sure how much), and jointly owns a commercial property and some land which could easily be developed. I helped to do up the current property. He earns around £30-40k in his profession. I believe he’ll have debts but I’m not sure how much.

I was initially given negligent legal advice and left with nothing before divorcing without a financial order (4 years ago). I live in rented which is too small for our needs. For the last few years, I have done community type work which tends to be fixed term contracts and low paid. One of our dc has additional needs (struggling to get diagnosis or professional help) which means I have to be close by to collect her from school if she is struggling. We desperately need to move as my neighbours have complained about her meltdowns and she needs her own room due to the violence she perpetrates against her younger sibling (they share a room which is quite small). I have no other assets apart from a car worth around £6k. I have no debt after spending the first two years after separation clearing the substantial debt I left with.

I’m hoping that a substantial deposit would make it easier for me to get a mortgage and I would struggle to save that alone. I have initiated court proceedings to get a financial order but I am self representing as I cannot afford a solicitor.

He has asked me if I would be willing to settle out of court and to make him an offer. What would be reasonable to ask for in the circumstances please?

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Bibidy · 31/08/2018 13:11

I'd say you need to look at the asking prices of suitable properties and then ask for 10% of that so that you've got a deposit.

Will your own wages allow you to get a mortgage for 90%?

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GreigeingGracefully · 31/08/2018 13:17

A suitable property will be around £120-£150k. I don’t think I’ll be able to get a 90% mortgage due to low earnings and fixed term contract. I could go for help to buy potentially but I guess the larger the deposit I have, the more likely they’ll lend to me.

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VanGoghsDog · 31/08/2018 13:20

Start by both doing Form E and exchanging it, only then will you know. Presumably he pays mainenance for your DC and spends time with them too?

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VanGoghsDog · 31/08/2018 13:22

Oh, I couldn't get a mortgage last year for £50k, which was about 20% of the house value, because of being on a fixed term contract, even though my salary was £70k. :(

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GreigeingGracefully · 31/08/2018 13:32

I think he’s trying to get me to make an offer before doing form e.

He is paying maintenance at the moment but it is sporadic and he is in arrears (via cms - he’s job hopping). We are going through court at the moment re contact because he has been flaky and neglectful but so far has agreed to safeguard them better and we building from there. Eldest doesn’t want to see him though and due to her MH problems, CAFCASS advised no contact until the court hears more about it.

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VanGoghsDog · 31/08/2018 14:39

Well, start with what you would want - half the value of a sensible sized house - so £75k.

Inheritances are usually kept separate from marital assets by the way, especially if they were inherited after the split.