Advice re Divorce Offer

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Stbxw said she's spoken to a solicitor and this is what she is proposing:
I get half of value of house in this case 50k (house has 44k left on mortgage. Value of house is £144k)

She said she put 12k of her dad's money into our mortgage but this is for his funeral so she will deduct 6k of the 50k and I would end up with 44k.

I would also get to keep one of our flat rental properties

She said she would pay me Spousal Maintenance for 2 years - I am not sure if this is fair as we've been together nearly 25 years and married for 14 years. I am sure I would be entitled to longer..

I've told her that I am going to get my own legal advice as I don't think the above offer is fair.

Any advice please would be greatly appreciated 🙏🙂

You need a solicitor. What about pensions? Children?

Get some lagal advice.

You could also suggest using a company like this - amicable.io

Cheaper than solicitors and they work with you both to find a settlement that works.

Spousal maintenance is quite rarely awarded these days. Very fact dependant.

It is very uncommon for spousal maintenance to be ordered on a long-term basis or at all if in England and Wales.

Get actual legal advice from a solicitor.

Need a bit more info here
What are her earnings and yours?
Pensions? Other assets?
You say you’d keep one rental property? How many are there? Values?
Do you have children?

As a starting point I’d say a 50:50 split of all assets, so the house equity seems fair, just make sure you get all the other assets taken into account too.

As others have said spousal is rare but if your W is a high earner it might happen. People on here with high earning husbands are told to try. It’s also more likely if you’ve been a stay at home parent and given up your career.

As ever, proper legal advice is worth far more than ransoms on the internet but good luck

What does she earn? Spousal is rare unless very high earner and then usually on a short term interim basis while you seek full time employment

What’s the value of the rental? Is there another one? Is there pension?

What are your plans to work full time?
What is it you want to achieve in terms of settlement? How far disconnected are you ?
What are the child arrangements?

You need to accept that you are unlikely to get long term spousal
And while you may have agreed that you’d be sahm, things change and you will be expected to maximise your own income

But as we’ve been saying for a long time now you need legal advice. Rather than keep asking here

Thank you all. Her salary is 50k

Flat value is 87k but is in negative equity

We agreed when our dd6 came along that I would work part time so I reduced my hours at work from FT to PT. I earn £718pm

@millymollymoomoo

You need to accept that you are unlikely to get long term spousal And while you may have agreed that you’d be sahm, things change and you will be expected to maximise your own income

But as we’ve been saying for a long time now you need legal advice. Rather than keep asking here

I am seeking legal advice also

Very very unlikely to get spousal with ex salary on 50k
One you need to increase your hours again

Your ex is a fly one.

The flat in negative equity is not a net asset. It is a debt or liability. You don’t want it unless it come mortgage free. Get her to provide information on all the properties and have someone look at accounts for the whole portfolio. Be suspicious of remortgaging and asset hiding.

If her father loaned her money for the house. It is a loan that need to be listed as a debt. If her father gave her money it was a gift and it was pooled as a marital asset which she cannot now recover. The future cost of a funeral will be something she needs to find as and when.

Spousal isn’t really an option and I expect you will better off with CMS and UC.

Your ex will be in for a rude awakening. Get some basic legal advice. Apply for mediation and don’t be swayed by what you ex thinks she is entitled to.

You mentioned one of your rental properties. How many are they, what’s the combined asset value, what income is generated?

Is there a pension?

You need to move away from spousal to securing fair share of capital assets