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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, now selling house i want more than 50%

7 replies

mvilma6 · 01/04/2021 10:47

Hi ladies, can i have some advice, maybe some of you might have been trough the same.
We are divorced already, ex moved out with his mum, we are both paying the mortgage. he gives me miserable £230 a month for child maintenance (nursery costs £1300/ month)

when we sell the house, do you think I could ask for more than 50% to help me towards childcare in the future?

thanks

isabel

OP posts:
ScarfaceCwaw · 01/04/2021 10:49

This depends on a lot of factors. However, if you are already divorced, was there no financial settlement/discussion of the equity in the house at the time?

mvilma6 · 01/04/2021 11:57

thanks, he wants 50/50 but nothing has been done about it. we don't even agree on child maintenance. that's why i wanted more on the sale of the house

so frustrating

OP posts:
UhtredRagnarson · 01/04/2021 12:00

Wasn’t the child support and share of assets agreed in the divorce settlement?

PoTheDog · 01/04/2021 12:01

Surely you need to go via CMS for maintenance? Legally the house sale is separate and you either agree yourselves or get a financial settlement as part of the divorce.

millymollymoomoo · 01/04/2021 12:50

Assuming you don’t have a consent order in place then you need to agree the split
50:50 is not automatic but will depend on variety of factors inc but not exhausted to

Length of marriage
Ages
Earnings ( and potential)
Where child resides
Needs
Assets available

Catherine506 · 01/04/2021 23:10

The court ultimately decides what is best for the children so that they are looked after.

MrsBertBibby · 02/04/2021 08:41

You need to get advice from a solicitor OP. No one can answer this question on here, it is too complex.

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