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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Retrospective house price value for financial settlement?

9 replies

TrickyExHelp · 16/11/2023 13:17

Hi - hope you can help.

Ex has not lived in the family home since 2020. He’s paid the equivalent of CMS to me for the kids since he left but has not made any payments towards our joint mortgage on the family home or any bills etc. I live in the family home with the kids.

We’re now looking to finalise our divorce and sort out the finances. Im hoping to buy him out of the family home but it’s value has risen dramatically in recent years due to regeneration of the local area. In terms of the equity share, is he entitled to the full current house price or should it be capped at the 2020 value (the year that he stopped living here) which is likely to be about £100,000 less than the current value?

OP posts:
PlayOasis · 16/11/2023 13:20

I would have thought it would be based on the value now. (I was in a similar position with exh not paying mortgage or bills and the house value was based on when we divorced which was two years after we separated.)

Fluffycloudsfloatinginthesky · 16/11/2023 13:21

Value now

millymollymoomoo · 16/11/2023 13:34

The full value now

LemonTT · 16/11/2023 13:36

Value now. It’s a joint asset part of which he owns. You have had full use of the asset whilst he has not. So you have already gotten the benefit.

EarringsandLipstick · 16/11/2023 13:40

Full value now.

However, the share can be split in favour of one party ie you with the DC taking over the house.

It can seem brutal - my divorce was only finalised recently after 10 years (😭) & the house was barely out of negative equity ten years previously but had risen significantly in the intervening years. Ex had paid very litle CM & no contribution to mortgage or maintaining house; nor did he spend significant time (& now, none at all) with DC so I bore all costs of everything they did, every meal, activity.

TrickyExHelp · 16/11/2023 13:59

Ok - thanks everyone!

OP posts:
EarringsandLipstick · 16/11/2023 14:06

EarringsandLipstick · 16/11/2023 13:40

Full value now.

However, the share can be split in favour of one party ie you with the DC taking over the house.

It can seem brutal - my divorce was only finalised recently after 10 years (😭) & the house was barely out of negative equity ten years previously but had risen significantly in the intervening years. Ex had paid very litle CM & no contribution to mortgage or maintaining house; nor did he spend significant time (& now, none at all) with DC so I bore all costs of everything they did, every meal, activity.

Sorry I should have finished that post to be clearer - the full current value of the house was used (tho this is debatable has we had varying valuations & they took into account what other houses locally sold for, even though they had had a lot more work done to them).

However the split was in my favour - he still got a very large share though.

(The alternative was a deferred sale (think more common in Ireland than UK) meaning I'd be forced to sell in 10 years & give him a much bigger share so I had to swallow my feelings & find a way to pay him now)

thelonemommabear · 16/11/2023 20:09

Value how - hence why I wanted my divorce signed as quick as possible and had it wrapped up within 6 months and also agreed as a fixed sum rather than % so that I get the benefit of any valuation increase and he doesn't

HappyToSmile · 16/11/2023 22:43

The value now. My ex dragged his heels like you would not believe while paying no bills but was still entitled to half the equity.

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