Is asking for 75% too much?

[clpsmum]

My divorce has been dragging out for years now and his having a major affect on my mental health I need it to be over and ties cut asap. I am currently applying to court for a forced sale of marital home however I've been advised this will take a minimum for a year from start to finish.

Would it be unreasonable if me to ask my STBXH for 75% of the equity in the home and I will forfeit anything else pensions, money he owes me etc.

I know I could be doing myself a huge disservice but I just need this to be over asap and he is throwing a spanner in the works and dragging it out at any possible opportunity.

My question really is, is 75% too much to ask for?

@RandomMess yes that's what the letter says. If the payment is five days late to report immediately so he's got until Tuesday x

@RandomMess two weeks this has been in place now and he's. It paid! He's also said he earns less than he does so CMS investigating and will ask to change to direct pay now

** he's not paid it I meant to write

He refused to give me 75% he wants a lump sum and the to split the remaining equity 50/50. If seems like everything he has told his own solicitor is a lie. The process is never going to be over 😫😫😫

It's not joint money it is money that he owes me

If you're married he doesn't owe you anything. Everything is a joint asset of the marriage.

And if the equity in the house is £50k, you'd only get £37.5k (75%). Not a lot. His pension alone would be worth way more than that.

That's so stressful. I'm not surprised you are feeling anxious.

Dependent on other assets. I got all equity and some pension as well. Worth getting pension reports (although ££££) and they will show calculations for every approach eg offsetting. But no it isn't necessarily too much.

It needs to go to court and let a judge decide what is fair.

It is money he owes me it's his half of the mortgage that I have been paying for five years and money for repairs to the property

@SkeletonFight yes I think that is my only option. I just feel like there is no light at the end of the tunnel and it will never be over!

Thanks everyone for your replies. Going through a hard time and no real life support, you're all getting me through xxx

It is money he owes me it's his half of the mortgage that I have been paying for five years and money for repairs to the property

Maybe, but legally he doesn't owe it to you.

If he had paid the mortgage and maintained the house while you did a "housewife role" you wouldn't owe him the money, would you? Even if the house was in both names.

No because we would be together. My solicitor and his solicitor both seem to think he owes me the money so I'm going with that. He wasn't a housewife he was and is earning on excess of £80k and doesn't pay his share of the mortgage

Have both solicitors been absolutely clear about what he owes? Is it definitely back payment of the mortgage and definitely not something else like unpaid child maintenance or mutual agreement between solicitors that you should get more of the equity based on need?

The reason I ask is that I'm on a similar salary to your ex and when I moved out before the divorce was finalised my solicitor advised to send my ex a letter which, in layman's terms, basically said now that I was out of the home and renting and she had the full use of the FMH, she was liable for all of the mortgage. It's an area of divorce I'd not been aware of before but essentially my solicitor said if she was enjoying full use of the property and I was having to rent something suitable for the children (which cost more than the mortgage) then normally it was up to the resident spouse to keep up the mortgage. They said something about a similar principle applying to Mesher Orders or Deferred Charges but we never went that far in the end.

I'm not questioning two solicitors just to be clear and if they're saying "he owes you for the years he was not paying the mortgage" then it is what it is. I'm more enquiring whether they have been this explicit or that it's more a case that they generally agree where the split should fall?

I guess the op is being forced to pay the full mortgage whilst her ex is refusing to agree to the sale of the house. Perhaps he isn't renting somewhere in order to take care of the DC either.

It's not uncommon because I know of people that have had "their share" of mortgage payments deducted from the equity when the finances were finalised.

Could be all kinds of reasons. The only reason I thought it worth checking is if he decided to go bankrupt it would affect the OP in the pecking order for payment. If he owed her, his debt to OP might take priority over other creditors. On the other hand if it's really a roundabout way to an asset split it wouldn't.

I'm sure the solicitors know what they're doing, it's more a case of the OP knowing for peace of mind.

50 k equity in the house and you only want 75%? And he earns 75,000 pa. You need more than what you are asking for?!

I would have assumed she would get 100% of the equity because there's a large salary but barely any income, but I'm not a solicitor.

She won’t get much more than 50% in Scotland. But it will be 50% of all matrimonial assets, including his pension.

Op have the CMS moved him onto direct payments yet? Because you said that he had not paid you.