Percentage asset split

[Neverold6]

I know that no one can give me proper answers without specific information (and I am getting legal advice but to date ex is refusing to give financial disclosure) but briefly…

I am primary carer of the three children, they stay with him 1/2 nights a month, I was a SAHP for 13 years while he continued to work, I went back to work 2 years ago on a lower pay scale than when I stopped.

I am thinking that the asset split should be more like 60/40 in my favour due to my need to house the children, my lower earning currently and also my ability to recover financially from this point.

Ex is adamant that his solicitor has told him that the split should be 50/50 or maybe 52/48 at best.

Any experience/views would be greatly appreciated! Thank you!

Can you say whereabouts in the UK you are as the laws differ in each home country.

Ex is adamant that his solicitor has told him that the split should be 50/50 or maybe 52/48 at best.

Of course he'll say that. Mine did too. Said I'd been adequately 'compensated' throughout the marriage to offset any "loss".

It really depends on the assets in the pot. Eg if there is £2m and 50:50 = £1m each arguably your needs are well taken care of so so 50:50 likely. If there’s £100k and you need most of it to house you snd the children because you can only get £50k mortgage whereas he can get say £200k mortgage then you might be awarded substantial part.

they’ll also look at both parties needs ( housing fir them plus children) and earning potential. You need to understand your income, wage plus any benefits plus cms if you get it vs his. That might play a part. But if you’re earning say 20k now but your potential is 40k you’ll be assessed on that figure.

numbers obvs just for illustration

Ex is adamant that his solicitor has told him that the split should be 50/50 or maybe 52/48 at best.

^ above was a quote from your original post.

My ex thought I should pay him maintenance even though he earns £80,000 and has the kids 8 nights a month.

I earn £14,000.

He also tried to evict us and get me to move in with my Dad so he could sell the house.

Get legal advice and then take that advice. In my experience you have to focus on what you want, I wanted the house so didn't take his pension or savings.

Pension, savings, house. Pick your battle.

@77Fee I am in England

@millymollymoomoo
we are talking about £250k equity in the house and £600k in pensions (his £500k, mine £100k). He says if I keep the equity and my pension he keeps all of his pension but that’s £350k to me and £500k to him and the only reason I need the equity in the house is to house the children, if it was just me then I’d be quite happy to not have as much equity. I’ve said I also need some of his pension. I’ve also offered 50k equity from the house (as much as I could release for the amount of mortgage I can get) but he still says I can’t have any of his pension. Unless we split equity and pensions 50/50 but then we’d have to sell the house and I’d have to spend so much more of my equity renting than him as I need a bigger house as I have the children (nearly) full time. My earning potential is so much less than his going forward…

@ThisQuickPlumFinch That’s crazy!! So did he end up having a greater percentage share so you kept the house?

He kept his pension and savings, he had come into an inheritance since we had split up.

I kept a larger percentage of the house.

He was in a dream world, he invented some sort of buy back scheme where I stayed here but paid him the child maintenance back as rent?! WTF. Absolutely mental. He now pays a percentage of the mortgage and spousal maintenance. We settled out of court without solicitors.

He didn't care how I housed his children.

Their primary focus will be on ensuring that both of you are able to have a property that can properly house the children, even if his is not a huge number of days.

If you take all the equity and his is in pensions, where will he live? Are there no other savings at all?

You need your own legal advice and quickly OP because there are so many factors it’s impossible to say what’s likely. Remember they aren’t just bothered about your current salary, you’re expected to maximise your own earnings rather than getting a bigger % while working part time for example. It also depends pension wise on age, if he’s near retirement and you’re 15 years away for example you’re going to be able to increase yours where he wouldn’t be, lots to think about.

You also both need to be adequately housed, so that’s another thing to consider

He has been renting for the last year and if he had 40k equity from the house he would be able to get a mortgage on a 3 bed property or continue to rent if he wanted.
I have already maximised my earnings and am working full time whilst he now says that he has given up his side business which used to earn him 15k a year so is minimising his earnings (I have proof he is still doing this work although he doesn’t know this)

The pensions will need valuing - 500k may well be equal in value to the to 350k equity as they are not 1-1

if you keep the equity and your pension and he the pension that may well be 50:50 and deemed fair. he’d need a much larger mortgage plus I presume cms to you

if you want more pension you may have to be reposted to forgo more equity , but both need proper valuations

what are the relative incomes ?

Lol. Tell him 50:50, he becomes the primary carer and you'll see the kids eow and one evening a week for 2 hours.

You’re working full time but only earning £14,000 a year?

@user593 no I earn £40000, he earns £80000

@Porcuporpoise the kids (teenagers) would refuse to go….i can barely make them do 2 nights a month and he has little interest in them eg if one is ill he says they can’t go to his house because there is ‘no point’. He is classic Disney dad but not even that nice to them a lot of the time really.

i don’t think that will be considered large enough income disparity for massive deviation from 50:50- or for you to get all the equity tbh. By the time he’s paid cms your actual incomes will be similar yet he’ll have no liquid assets now taking all the risk of unknowns re pensions going forward - eg changing tax rules, capital gains, allowances uncertain growth rates etc ,

id be quite surprised if you got what you want IF it went to a court hearing but thats my view

but then we’d have to sell the house

The house does usually get sold in this situation. Were you envisioning staying in it and him moving out?

How old are you? My primary focus would be the right now and if I had a chance to keep my children in their family home I would.

You can always sell and downsize a house when the kids leave home and then maximise pension when you’re outgoings are less

@howshouldibehave he has already moved out and is spending a fortune on a 3 bed house each month that the children stay in maximum of 2 nights a month. That won’t change because they don’t want to go anymore and I can’t (sadly because I’d like a break) force them.
@Autumndayz77 I’m 46, he’s 48. I do get your point about the house but the only reason I need the house is for our kids, not for myself so why should I sell myself short in retirement just so I can house our children is what I wonder. He would be able to get a mortgage on a house too and have it paid off in the same amount of time.

Your mortgage raising ability are pretty close
yours is 40k plus cms
his 80k less cms

if you want more ( substantially) of the equity you’ll have to trade pension for it

tiur income differential is t too far to warrant serial deviation from overall 50:50 split but you need a proper pension valuation to compare it vs the equity

I have filed for divorce but need to sort finances. Husband moved out and rents a flat. Currently pays me £ for son but son is 18 and will finish college this year so will be stopping this. Adamant he wants 50% of everything. He has acknowledged his pension is more than mine so willing to factor that in but isn’t willing to acknowledge that I might need more than him as I need to house our two children ( 18 and 22). The kids don’t talk to him since the split! Has anyone got any more than 50% due to housing adult kids or is this something I just need to accept. I can’t afford to buy him out

Answered on your thread