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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.

Divorce settlement help please

4 replies

Jimpyjean1 · 11/12/2019 13:48

I am Divorced after 17 years of marriage and currently living in family home with 3 kids and on benefits and cm. My ex stopped paying his half of the mortgage in June and I am managing. I have asked for 70 30 split in equity after the usual clauses. Youngest reaches 18, I marry etc. The thing is I am engaged and do want to marry my boyfriend as soon as possible. Would I have to buy him out at a larger percentage if this was known. We have no savings, pensions or assets really other than the equity in the house. Ex wages are a lot less than my income and he is renting a house.

OP posts:
millymollymoomoo · 11/12/2019 14:16

Have you been awarded a mesher order or is that what you’ve both agreed? If so that would outline the triggers and %

Has the 70:30 been agreed and drawn up in consent order?

You need to agree and sort these first

Jimpyjean1 · 11/12/2019 15:07

Thanks for the reply. He is asking for 40% of the equity and will not budge. I have decided to take it to court for the 30% with request that he pays costs. My solicitor has suggested that I may well get all of the equity if I do. I just wondered if it would go against me if the court knew I was going to marry. I cant take out an extra mortgage because of my benefits. If everything went wrong and I did not remarry, would his % be of the current house value or the year where dd reaches 18 ? I just dont know what to do for the best and really appreciate your help

OP posts:
millymollymoomoo · 11/12/2019 16:56

I’m he could argue that you getting married means your needs are less as you’ll have a partner to share costs

Marriage is also usually a trigger to selling the house

The % is usually based on value at time of sale - to reflect the fact that his cash is tied up and not available to invest and grow elsewhere

Jimpyjean1 · 12/12/2019 10:20

I'll be glad when this is all sorted. Thank you for your help.

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