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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.

Original poster

Urgent - Does this sound like a fair split of assets on divorce

108 replies

Amicablecouple · 01/04/2025 10:45

My husband (of 16 years) and I are going through a divorce. We just do not love each other anymore and want different things from life now and in the future.

We are talking very amicably and are at present discussing our finances.

I would love to know anyone's thoughts on where we are and if it would (or is) considered a fair split of assets by you or would be by the judge.

Assets
House - £380000 (no mortgage as my husbands parents have given us over £100000 over our marriage to pay off the mortgage)
Money in accounts investments and savings - £65000

We have vehicles etc but these will be easy to split as they are worth pretty much the same so we will just keep our own.

I have been a SAHM for the past 12 years but have been back at work for the last 4 years working 3 days a week. Take home pay for me is £900/month.

My husband works full time and takes home £2600/month

He has a pension which we have decided to split 50/50 for the 16 years we have been together (he has 5 years paying into it before we met which he will keep)

We are looking at a complete 50/50 split of everything.

380000 / 2 = £190000
65000 / 2 = £32500

Total = £222500 each.

We are trying (big priority for us) for him to keep the family home so that it has minimal impact on the Children and I will buy another house and probably take on a small £50k mortgage to do this. I simply could not take on such a large mortgage and would not get one approved either.

My husband will have to take out a large mortgage and will just about struggle to pay it and everything else on his pay but he thinks he can just about manage it for the children's sake even if it is going to be very hard. He will look to sell once on the youngest (now 11) finishes school.

We will share the children on a 50% bases.

I will have to get Universal Credit to help to pay for my mortgage etc. and possibly also work full time.

We have grave concerns that as on paper it will appear to a judge that I will need more of the assets to support me in buying a house (£900 per month is not going to come close to what I will need) but in fact once UC and child benefit are taken into account I will actually be on a similar monthly income to him but he will have a large mortgage and larger household bills (tax, energy etc) so I will probably have a good bit more disposable income than him.

Does anyone know if a judge will take this UC payment into account when judging 'fairness' of the asset split? (I'm obviously not receiving it yet but I will once we fully divorce).

Any advice, thoughts or comments would be VERY greatly received!

OP posts:
TealSapphire · 01/04/2025 10:54

It seems pretty fair to me. Seeing as you'll be relying on the UC and CB, do you trust him not to put in a claim himself for that if things will be tight for him? (if it's possible to do that).

Original poster
Amicablecouple · 01/04/2025 10:58

TealSapphire · 01/04/2025 10:54

It seems pretty fair to me. Seeing as you'll be relying on the UC and CB, do you trust him not to put in a claim himself for that if things will be tight for him? (if it's possible to do that).

Thank you for your reply. I trust him completely. I know things can change but he is all for the kids and neither of us want this to go sour in the future for the kids sake. He is a fantastic Dad and an honourable person. I think once a financial order is in place then neither of us can pursue future claims anyway....not that I think he would at all.

OP posts:
DenholmElliot11 · 01/04/2025 11:00

seems reasonable to me.

CanOfMangoTango · 01/04/2025 11:03

Are you sure you will receive the UC you think you will? Or that FT work is feasible.

Ineedthesun80 · 01/04/2025 11:07

You won’t get uc,the house will be seen as an asset/savings.

Original poster
Amicablecouple · 01/04/2025 11:11

CanOfMangoTango · 01/04/2025 11:03

Are you sure you will receive the UC you think you will? Or that FT work is feasible.

I have done a check online and it would seem I will get what I need UC wise. I could increase my hours to full time quite easily I think.

My concern is that my UC will not be taken into account by the judge on ascertaining if the split is fair (meets both our needs) and therefore we will be forced to sell the house so that I get more assets. If I did get more and then UC I would be a lot better off than him and we would lose the family home (and stability for the children)....not a fair split in that case after the divorce and all payments (UC and CB) considered.

OP posts:
Original poster
Amicablecouple · 01/04/2025 11:13

Ineedthesun80 · 01/04/2025 11:07

You won’t get uc,the house will be seen as an asset/savings.

Thank you but how do you know this? I have checked online and it does not look at assets (house) it only looks at income. If the house is your main residence (as my new house will be) it does not count towards it. Only homes you do not live in, savings, etc count. Also money from the sale of the house (where it is going to be used to buy another house) is also not taken into account (as savings - because it is not saving it is housing costs) from what I can find out.

OP posts:
Thistooshallpsss · 01/04/2025 11:22

Op you are correct the house you live in is not counted for uc purposes. However you do not get an amount in uc towards your mortgage that only applies to rent.

confusedlots · 01/04/2025 11:25

I don’t imagine you’ll qualify for UC though? What makes you think you will, and how much are you hoping to get from UC?

Dairymilkisminging · 01/04/2025 11:28

You get some time from house sale where the money is disregarded.
Mortgage companies also only take the base uc some take child benefit. So bare in mind that the mortgage compies will not see you as having the same income as your husband.

User5274959 · 01/04/2025 11:29

Will you pass an affordability check for the mortgage if you're relying on universal credit though?

CanOfMangoTango · 01/04/2025 11:33

I am struggling to imagine any scenario where someone who earns enough for a mortgage will be eligible for UC

Besides that, a lot of banks will not lend a relatively small amount as a mortgage, it's just not worth their time in terms of interest so make sure you have that confirmed too.

Original poster
Amicablecouple · 01/04/2025 11:35

confusedlots · 01/04/2025 11:25

I don’t imagine you’ll qualify for UC though? What makes you think you will, and how much are you hoping to get from UC?

Ever checker say that I will and will receive around £1000/month (give or take). Plus the CB. What makes you think that I will not?

OP posts:
HappiestSleeping · 01/04/2025 11:35

Are you accounting for some or all of the 100k that his parents gave in any way? I don't believe you are legally obliged to, but morally perhaps?

Also, be careful about assuming mortgage capability. Mortgage lenders are a lot stricter now, and it is about what they think is affordable, not what you think is affordable.

Original poster
Amicablecouple · 01/04/2025 11:38

CanOfMangoTango · 01/04/2025 11:33

I am struggling to imagine any scenario where someone who earns enough for a mortgage will be eligible for UC

Besides that, a lot of banks will not lend a relatively small amount as a mortgage, it's just not worth their time in terms of interest so make sure you have that confirmed too.

I agree with your first point however £900/month is not enough for a mortgage and living costs etc so in your comment I will not be earning enough for a mortgage without UC.

OP posts:
Fuuuuuckit · 01/04/2025 11:39

You will likely struggle to find a lender that will take uc as part of the affordability calculation. Best to do some homework with a broker initially to find out if it's do-able.

Then you need to bear in mind if you have cash assets you will not be eligible for uc (they used to disregard proceeds from sale of marital home for 6 months, not sure if that still is the case for uc)

I suspect you will need to prove to a judge that what you are suggesting is workable. You have worked pt for years around the kids and are the lower earner - there is an argument that you are entitled to a bigger share of the pot even if you're having the kids 50/50

Sadgirl101 · 01/04/2025 11:39

Ineedthesun80 · 01/04/2025 11:07

You won’t get uc,the house will be seen as an asset/savings.

This is untrue

millymollymoomoo · 01/04/2025 12:19

You should be seeking full time work before renting on uc

based in your relative incomes and the fact your husband also is not a high earner, the above split seems fair and likely to get approved.

you should apply for cb, and uc ( but won’t get the housing rent element) to top up but should be working full time too

Notaflippinclue · 01/04/2025 12:22

Does this mean when you get divorced the tax payer picks up the tab?

Buttonknot · 01/04/2025 12:25

Honestly OP, I would revisit the decision to keep the family home. It sounds like this will be a massive struggle financially, and I think your kids will be far worse affected by that than by moving house.

zoemum2006 · 01/04/2025 12:25

are you planning on selling your house because you talk about keeping the family home?

UC won’t pay your mortgage for you. I think they stopped the interest relief payments too. (Edited: just Googled to check they will loan you money to help with interest but not pay benefits for it).

you can’t have savings on UC so you’d need to invest the £32k savings share into your new house if you’re buying one.

UpUpUpU · 01/04/2025 12:30

OP. I don't think UC pays mortgage payments which will significantly reduce any award. Could you post a picture of the breakdown of the calculation?

Original poster
Amicablecouple · 01/04/2025 12:31

zoemum2006 · 01/04/2025 12:25

are you planning on selling your house because you talk about keeping the family home?

UC won’t pay your mortgage for you. I think they stopped the interest relief payments too. (Edited: just Googled to check they will loan you money to help with interest but not pay benefits for it).

you can’t have savings on UC so you’d need to invest the £32k savings share into your new house if you’re buying one.

Edited

I'm not sure on your point here?

I will be putting all (equity from house sale - really it will be my husband buying me out with him taking on a mortgage and the money from saving etc) into a new house for me. There will be no money left as it will all be going into the deposit for my new house.

Thank you though for taking the time to reply.

OP posts:
UpUpUpU · 01/04/2025 12:32

How will it work timings wise? Where will you live between your husband buying you out and you buying your own house? Will you remain living in the marital home?

ZoggyStirdust · 01/04/2025 12:33

So you would get half the assets despite his parents contributing 100k. Then you expect 1k a month universal credit to pay your mortgage.

morally I think you taking half the 100k is dodgy (and if it were him taking half of what your parents contributed I’d say he’d get a rough ride on here).

also uc only pays rent, not mortgage (is my understanding)

overall I think you’re taking the piss. Both on the asset split and the expectation that the taxpayer funds your mortgage in the future