Asset % (any idea)

[Chattycatty]

Hi I know it's difficult to know how things will be decided but how do you think the assets would be divided

Person A
works full time
Earns 45,000 per year
Has child one night a week
Pays cm but under the cms calculator.
Just bought own home for 112,000 with a mortgage of 90,000

Person b
Works part time
Earns 10,000 per year
Claims UC
Has child full time diagnosed autistic and adhd
Recieves high rate dla
Lives in marital home pays mortgage alone for 10 yrs
Mortgage availability of 40,000
Remaining mortgage 4,000
House worth 150,000

Person a wants 50% of assets Person b wants to stay in marital home.
I know it's a bit of a uncertain but does anyone have any ideas on how things may be split.

Tbh I'd negotiate that person b, I'm guessing you, gets the marital home since you've been paying the mortgage alone for 10 years. Plus if disabled you potentially have lower earning capacity and therefore lower capacity to buy another property.

And person a pays cms at calculator rates.

Both parties keep their own pensions

Sorry it's the child who has dla not Person b

You need legal advice
What other assets are there? (Pensions, savings…) You can negotiate a smaller percentage of his pensions and savings in exchange for his share of the house equity if that suits both of you better.
Where did he get his deposit for his new home ? I’d be asking a lawyer if that was marital property too.

I have legal advice but it's all the unknown I don't like
No pensions of any degree really
No assets
any savings spent by person A

Person a is entitled to share of person b home if they have capital tied up in it irrespective that person b paying mortgage for 10 years - person a has had rent / mortgage while not being able to benefit from use of , or capital in that house

main factor will be housing children. If 50:50 split of equity can person b house themselves ? . If no then likely to get higher share to offset lower earning capacity.

person b should not expect 100% of house equity ( unless can trade off other assets)

you may be looking at more 70:30 but its your solicitor who will really be able to advise you

Nobody can say for sure but most likely is person A will be entitled to their % of the home, person B may have been paying the mortgage alone for 10 years but legally that is because they are classed as paying their 50% and the other 50% is essentially their “rent” to the other person (called occupational rent) because person B has had their money & credit tied up in that house for those 10 years without being able to take their equity out, so person A is in no stronger a position by having paid the bills, it’s still BOTH of their property.

Is person A adequately housed in their new home? How long where Person A and Person B married and is 10 years the amount of time they have been separated?

What offer has Person B made to Person A, I think depending on ages, I might be inclined to say that Person B take out the mortgage and use the money to give Person A the equity from the property. This would leave Person A and Person B with similar size mortgages of properties that adequately house them. Allowing Person B to keep the property. This is not legal advice at all and just an outsiders view of what might be considered fair.

Have you asked if equity in person As house counts as a marital assets? Did marital assets go into the deposit for Aa property?
Ive seen on here people saying an ex has come back years later and sometimes the other assets can end up in the pot in that situation.

Id be thinking to argue he's adequately housed already and offer the £36K you can borrow to buy him out. Then you'd have £110K equity in your place and he'd have £58K equity in his. But I have no idea if that's a reasonable argument or not. If you split equity in marital home 50/50 would be £70K each allowing for selling costs, plus if you could borrow £40K you'd have the ability to buy something a little over £100k once you factor in costs so he could possibly argue you don't need more.

Realistically it doesn't matter what either of you want. It's all worked through with solicitors and then a judge says yes or no.

Most people agree the split between themselves than it’s simply ratified by a judge. Most cases don’t get to court and most cases don’t get rejected