Final Hearing tomorrow - Help please

[Rubystar78]

Hi all
My first time posting and I just wanted to reach out for any help advice on a final hearing for financial matters. He wants me to sell the house to get his name off the mortgage but my mortgage capacity isn't enough due to my low earnings (£16k per annum). I've a final salary pension with work that's been running 23 years and he wants 50% of that. I'm the primary carer of the children aged 12 and 9. I'm 45, he's 37 and he runs his own business claiming he earns £30K per annum but I know its more as he doesn't declare the cash. Can anyone help with how they feel it may go in court tomorrow please? I'm panicking I'll have to sell the house and the children and won't have a home 😪

FDR recommendations are not taken with a pinch of salt
of course they can be set aside but often they are consistent or outcome can be worse

the factor paid for mortgage for a couple of years won’t increase her claim to higher %

Good luck op.
I think you should get more than him based on what you've said.
Please report back if you don't mind as I may soon be going through this.

You earn less but have given up more and have the kids more?

If I were judge you'd be getting at least 70%.

Fingers crossed 🤞 for you.

You can emphasize them but they won't make a lot of difference:

1. The house is a marital asset, so the law relating to constructive trusts that you allude to doesn't apply; and

2. If the other party has had to move out and rent because they are still stuck on the mortgage, then it is reasonable to expect the person with sole occupancy to pay the whole mortgage but still share the asset fairly on sale.

Unless you were unmarried and only contesting the sale of the house, I very much doubt it influenced the judge in your case, other than maybe to demonstrate you could afford to pay the mortgage each month.

@Morewineplease10 If I werewere judge you'd be getting at least 70%.

Probably best you're not a judge then! Courts have to be fair to both parties. If you were a judge, the outcome would probably be successfully appealed albeit at considerable additional expense to both parties.

@Rubystar78 how did court go in the end?