Reasonable split of assets

[clpsmum]

I live in Scotland

My solicitor has told me to expect 55% of the equity of house at the very most and this doesn’t seem for to me. Wonder if anyone has had a similar experience and how much they received.

Split from H five years ago. He left the house and I have paid the mortgage on my own since then. He has a good job and earns roughly £70k I am on benefits. I have no hope to work in the future as I am a full time cared for my child who is disabled and this won’t change. Ex has no contact with our 3DC whatsoever. He pays half the legal minimum requirement in maintenance. He has a pension although don't know what it is worth until we get a court order I don't have a pension

I feel like I should be awarded more than 50-55% but don’t know if I’m just feeling sorry for myself and being greedy.

The court has to consider what the other person needs to reasonably live. You may be able to reason through negotiation, but a court will make sure any deal is not manifestly unfair to either party - irrespective of the hurt party, save for extreme cirxumstances.

On £70k a year and no overnights I'm assuming that shouls be circa £550/month on CMS calculations. You can get formal arrangements in place if the full amount isn't being paid. That's quite reasonable to pursue if they're withholding it.

If they're looking to buy a place, that figure will hammer mortgage affordability, so will need more from the equity of a house.

They may have been, or continue to be an ass about it, but that doesn't mean they shouldn't have a reasonable expectation of being able to meet their needs after the marriage has broken down. The system isn't, and shouldn't be there to punish or disadvantage.

I don't want to punish him at all. I just think that as a sole cater to my children with no input from him or his family whatsoever and no potential to work I should get more than he does.

He can't get a mortgage he has bad credit he will be renting unless his parents buy him a house which is a possibility.

I'm maybe just being greedy tbh and pissed off that he gets to fritter his money away and enjoy his life when mine is so bloody hard and made harder that I'm up to my eyeballs in debt and am always skint!!

You're not wrong - I'm not saying you're being greedy, just highlighting experiences of the system in reality. Continue to seek advice from the solicitors.

If you took formal action to get the full amount of the CMS you're owed, claim any caring allowances and benefits accordingly you could boost your income to a degree. If you're not in a position to work, there may be a case for spousal payments for a limited period designed to help you transition into your new life - but this is rarely a long term arranagement. Again, legal advice needed relevant to your circumstances. Good luck.

Thank you think I'm going to need it and my solicitor doesn't seem the best tbh

@clpsmum

I live in Scotland

My solicitor has told me to expect 55% of the equity of house at the very most and this doesn’t seem for to me. Wonder if anyone has had a similar experience and how much they received.

Split from H five years ago. He left the house and I have paid the mortgage on my own since then. He has a good job and earns roughly £70k I am on benefits. I have no hope to work in the future as I am a full time cared for my child who is disabled and this won’t change. Ex has no contact with our 3DC whatsoever. He pays half the legal minimum requirement in maintenance. He has a pension although don't know what it is worth until we get a court order I don't have a pension

I feel like I should be awarded more than 50-55% but don’t know if I’m just feeling sorry for myself and being greedy.

Why is he paying half the minimum requirement? Can't you claim that through the CMS / CSA (I can't recall the right name)?

@zaffa because he's a bastard basically. I can claim through them but they've advised it could take up to twenty weeks to sort the claim and he can stop paying until the day. I can't afford to be without what he gives me at the minute for twenty weeks tbh

Go through CSA. He's taking the royal p**s. The CMS calulator gives rough 1k a month. Hit him where it hurts.
Also get a different solicitor and request way more of the joint assets. You are the sole carer for your children and he needs to step up and be held accountable takes 2 to make a child.

@Itsybitsydoodah I am in the process of applying for a court order to find out his salary and pension so once I've done that (18 weeks apparently ) I will go to CMS with exact salary details

As you are divorcing in Scotland you will not be able to secure the type of clean break settlement available in England. This is something you are aware of I’m sure. By all means get a new solicitor

I’m going to be honest you have been posting about the same issues and getting the same advice for a long time now. But nothing is changing. And that includes actions you could have taken in your own right to sort all this out.

It seems to me that you want to be told something you have decided already. Do you even know what that is?

@LemonTT there are no actions that I could've taken that I have not. This has been ongoing for over five years and I am absolutely desperate for it to be over. Sorry if I am boring you I am just forever hopefully that someone will offer advice not already received as my mental health is rapidly declining and the mental health of my DC is also suffering.

@LemonTT what I have decided is I want to be divorced and free from my STBXH but it doesn't seem to be as easy as that