Should I be asking for more in Financial Consent Order?

[Anon3748]

Was granted my Nisi earlier this year but STBXH and I have only just got round to sorting the paperwork for the financial consent order before applying for the absolute. I will be using a solicitor to draft the consent order but wanted some thoughts as to whether I should be asking for more.

Context: Classed as short marriage and no DC. Our earnings had always been very similar for the duration of our relationship until recently (explained more below)

We completed the sale of the marital home earlier this year and each took a 50% share of the equity. We have both since purchased onward properties. However the property my ex bought is close to 90k more expensive what I bought and is around 50k more expensive then what my max budget was when I was looking at properties. A few months ago he started a job earning 85k. I earn 50k (he used to earn around the same).

So my question is, although the house has already been sold with us each taking 50%, should I now ask for more in the financial settlement? Would a court consider 50% fair based on his income and the property he bought? I'm only even asking because I put all of an inheritance I recieved into an extension on the house which significantly improved it's value. I never got that money back (which I fully understand why as legally the money was a marital asset).

How long were you married?

if short and no children you often simply get back what you put in. How does that compare to the 50% equity share and why was this not discussed and agreed prior to splitting it!

the fact he’s earning more now is really irrelevant/ you could go out tomorrow and do so too

In these circumstances a 50/50 split is fair. You missed the opportunity to get your inheritance back when you split the house 50/50

How much inheritance did you put in?

How much inheritance did you put in and how does that compare to the equity you got out?

It was around 30k that I put into the house renovations and we both got 100k each in equity out. When we first separated I met with a solicitor who said I would have no luck getting that back following the sale of the house unless my ex agreed which he didn't. She said there was no point pursuing it further as court would view it as a marital asset anyway.

Apart from the inheritance money everything else was 50/50.

I'm just genuinely curious as to whether the court would think it a fair split when presented with the financial consent order. Neither of us have any other savings/assets. Agreed to keep our pensions separate (I have a good pension so was happy to do this)

You've had good advice both legally and on this thread re the time to ask for your equity back was the time you split the house proceeds.

Where would exH get the £30k from?

You’ll spend more than that pursuing it

a court is unlikely to award you, not disadvantaged through children, a higher share now, simply because your ex has increased his earnings subsequent to your split

if you want bigger house, earn more

move on

Just move on now for your own well-being. Focus on building yourself a new life.

Thanks for the responses. It's what I suspected just wanted confirmation.

Although the tone of a couple of posts felt a bit harsh. I was genuinely asking out of curiosity as to whether this was something worth pursuing or not. Haven't exactly been in this situation before. And I'll certainly be protecting my own money in the future.

It's not about having a bigger house. I'm very happy in my new home. I just didn't know if any allowances were ever made when one spouse has made a significant contribution that led to a significant increase in the value of the asset.

It's only £15k rather than 30k and it would cost more to fight for it. If you ringfenced that 30k it would have reduced the equity on the house to 70k so 35k each plus you getting the 30k meaning 65k for you and 35k for your ex. If you think of it as only £15k it will be easier to accept