How much can I expect to receive?

[mathsquestions]

Asking for a friend

Soon to be divorced. Work in a low paid job. STBXH now not really earning. Own large house worth quite a bit. House was bought in better times when STBXH had a well paid job. Have three kids 12, 10 and 8. STBXH has said very clearly that maintenance will not be forthcoming and doesn’t care much about the kids.

House is only asset worth fighting for.

How much can I expect from the courts? He’s offering a 60:40 split.

Thank you

Does he have a pension? Don't forget that you have a claim on each other's pensions.

you need to think about needs. What are yours, what are his
where will the children live ( and how often with other parent)
how do you house yourself
if you had 60% as example as can you house you and children?

are there other assets?
is he employed ( in which case cms is easy, if not it’s much trickier )

Thanks

He has no pension.

Kids will live with me and not often with him. He doesn’t have the love or patience for them.

60% won’t be sufficient to rehouse us. Will need 80% minimum.

He’s not employed and unlikely to be a big earner on PAYE in the near future.

You may well get the whole house until the youngest turns 18.

What are my options if I’d prefer a clean break now.

How will you afford repayments on (presumably mortgaged) house?

If you are both low-earners, it seems obvious the house will need to be sold I order for you all to afford to live.

Ofc he'll need to pay maintenance but it sounds like it will be low based on his income.

You need to really think about your own earnings now, if you are currently on a low salary.

House is largely unmortgaged.

So there's a small mortgage? Can you afford it?

You could give H a lump sum payment for his interest in the house, and then it's yours. But of course, that's only if you have such a sum.

You will most likely need to sell the house & argue for as much of the profit as possible.

If I get a big enough share of the equity in the house I can buy a small three bed house and manage to get by on my earnings.

That's a great position to be in. However, I think 80% is naive to expect. 20% is unlikely to provide much for your H.

It very much depends but 60:40 is quite standard.

Will you be able to buy a property outright? In my case, I was really stuck as despite a good job, being in my 40s with 3 dependents means I am not being offered a mortgage. In Ireland, maintenance payments can also not be included as income. So I'm currently negotiating to keep the house, and he will sign over his interest to me, for receipt of a lump sum payment

@Jippers What you're talking about is a Mesher Order or a deferred charge. Both are - statistically speaking - exceptionally rare these days if matters go to court. The can certainly be an option but in a case where a house is owned almost outright then I suspect there is a good chance of a sale and - taking her claim at face value that she does more of the childcare - a split of equity in favour of the OP.

@mathsquestions You would be best going and speaking to a local solicitor in a 30 minute free consultation. There's so many questions to consider, like why has your STBXH's ability to earn money disappeared? Is he ill? Retired? In an occupation that no longer exists in the local area? Flipping it over, why are you in a low paid occupation? Childcare commitments? Lack of ability? You'll both need to establish earning capacity, now and in the future. Both of you could well be deemed to be capable of earning more.

How old are you both? What other assets are there? On what basis do you assert you STBXH won't have the children (did he say so or are you assuming)? Etc.

No one here will be able to tell you anymore. Solicitors on here won't because they don't have all the facts. The rest of us will but don't have the expertise...

Thanks

STBX has has been banned from his profession so no longer able to earn. I’ve never been a big earner and don’t see myself in a higher paid role.

There are no other assets worth fighting over.

He's told me explicitly that he’s not interested in the kids.

Happy to answer questions

I divorced 14 years ago and my solicitor told me I'd get the lions share of the equity which I did. Enough to buy a house outright for me and the children.

Exactly what I was hoping to hear. I’m assuming ordinary circumstances. Anyone else get that?

You really need to negotiate with him and get the best deal you can for you & the kids. Letting it get to the court stage is going to cost you ££££
start the your highest, even if you have to use things like
ok I’ll go and you look after the kids(H) I don’t want any ties, I’ll see them once a week.

I got enough to buy a house outright, my solicitor argued that, as I wasn't working at all at the time, if I got less my benefits would stop and I'd have to live off it til it was completely gone and then go back into benefits. There was nothing affordable nearby for less money.

Dear me, how embarrassing for you. But in the OP's case it sounds like her ex doesn't earn much either and will also have housing needs.

@mathsquestions I'm not really sure how interested a court would be in whether you "see" yourself in a high paying role really. They'd probably be more inclined to work out how much you could earn if you applied yourself, based on your age etc.

My ex-wife was similarly reluctant to get a better paid job but in the end that was seen as her problem, not mine. She was quite capable of earning more and thus she was warned by her solicitor that her earning capacity was a lot higher than her current income.

If you're on a low income, you need to make sure it's not just because you don't "see" yourself in a better paid role. You need to prove you're not capable of doing any better, now or in the future.

I think he's right, sorry if that's not what you want to hear. At the end of the day you both need housing.

Would the sale of the large house provide sufficient equity for the purchase of a 3 bed house for you and the children and a one bed flat for your STBEXH? Maybe not outright, but with a small mortgage? Maybe in a slightly cheaper area?

I wasn't embarrassed at all @BetterFuture1985 .

However my DC were much younger than the OP's, which I should have said as it will likely make a difference to earning capacity as judged by the court.

I think you’re naive to expect 80:20 split to be honest
but you’ll need legal advice
and it’s all relative. If the house is worth £1m vs £100k that could sway the argument and outcome

With ages if your children you’ll also be assessed on your earning potential not just what you earn now. No reason you can’t progress eyc.
and you won’t be awarded all assets and him nothing where he can’t house himself or live either

But 80% is a crazy ask. Surely he'll need to also to house himself. I think you're lucky to get the offer of 60.

He's not barred from EVERY job though OP. I'd not be surprised that once the dust settles he manages to find himself a little job to keep the pennies coming in. If he's earning he can't not contribute to the kids. Ensure you put in a cms claim.

Both parties are expected to maximise income. Barring disability you will both be expected to find full time work (and juggle childcare accordingly which is a bitch) and any judge will make recommendations based on his potential earnings if he's not currently earning - how on earth is he going to afford to live going forwards without a job?

If he has written/texted/entailed that he's not interested in having the kids, ever, then your claim will be higher than 50/50.

I assume you've been married for a number of years in which case who put what in to the house becomes more irrelevant.