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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.

What is a fair split of equity under these circumstances

43 replies

Anna713 · 06/04/2025 13:24

How would a judge split the equity in a house under these circumstances

A and B married 9 years. House in the name of A, and B contributed nothing to mortgage or household expenses

A works full time, has sole custody of 14 dd

B was working part time through most of marriage, full-time for the last 12 months before split. Was either sacked or quit job upon divorce. Has not contributed anything to costs of child. Child has no overnights with B and very limited supervised access

A has offered 50/50 split but B refused so it's now going to court. Both parties are 40+ and have similar pensions although B is no longer contributing to a pension.

OP posts:
Hollyaddy · 11/04/2025 19:12

MrsKeats · 11/04/2025 19:07

I think taking 75% of someone else’s pension is shocking. Plus 50% equity.
Oh I am sure the ex husband was happy. Not.
Imagine if the sexes were reversed?

Agree. It s bizarre.
Why not get more equity and 50 50 pension.

Coconutter24 · 11/04/2025 19:35

Why is A selling the house? If A owns the house in his name only he can’t be forced to sell which makes no equity to split

2025willbemytime · 11/04/2025 19:45

MrsKeats · 11/04/2025 19:07

I think taking 75% of someone else’s pension is shocking. Plus 50% equity.
Oh I am sure the ex husband was happy. Not.
Imagine if the sexes were reversed?

I didn't take it. It was awarded. Don't you worry about my ex. He has the other 25% plus 100% of his second pension. He agreed that I should get 55% of the house. He has more of some other assets. I went with real rather than potential. He also has very wealthy parents, kept me short of money, has abandoned the kids and wouldn't let me work. But you crack on.

arethereanyleftatall · 11/04/2025 19:47

@Hollyaddy@MrsKeats
But you know precisely nothing about the numbers involved for that poster presumably, so it’s strange to have such strong opinions on a situation you know absolutely nothing about.

it would have been awarded precisely because it was fair that way, and that’s why the judge stamped it.

like you, I don’t know the numbers but my guess would be that the wohp had a huge salary and would quickly be able to amass another pension, whereas the sahp would not, and they’d end up even. Which is fair.

the sexes are irrelevant

arethereanyleftatall · 11/04/2025 19:49

Coconutter24 · 11/04/2025 19:35

Why is A selling the house? If A owns the house in his name only he can’t be forced to sell which makes no equity to split

They’re married so it’s irrelevant whose name it’s in, it’s a joint asset.

arethereanyleftatall · 11/04/2025 19:52

Xposted @2025willbemytime. Some folk are very bitter aren’t they.

2025willbemytime · 11/04/2025 19:54

arethereanyleftatall · 11/04/2025 19:52

Xposted @2025willbemytime. Some folk are very bitter aren’t they.

I'm fed up at what has happened, a bit resentful of how he lied for years, but I'm not bitter and very happy to be divorced. Just to cover if you did mean me, wasn't sure if you did or another certain poster.

edited to add - I missed your comment. Thank you.

arethereanyleftatall · 11/04/2025 19:58

I didn’t mean you, @2025willbemytime, I meant those judging you with zero knowledge of your circumstances.
I can well imagine you’re happy to be divorced

2025willbemytime · 11/04/2025 20:03

arethereanyleftatall · 11/04/2025 19:58

I didn’t mean you, @2025willbemytime, I meant those judging you with zero knowledge of your circumstances.
I can well imagine you’re happy to be divorced

I realised after I read your comment which I missed. Thank you. I'm happy not to have to be with him. Sad to be divorced as tbh I feel shame. I know it's his shame though but you know..

Anna713 · 11/04/2025 20:11

@arethereanyleftatall B did childcare whilst daughter was living with her and was a loving mother in many ways. I just want to know what is a fair split. And again I am neither A or B.

OP posts:
arethereanyleftatall · 11/04/2025 20:12

I would reframe that @2025willbemytimeif you can. You’ve nothing to feel shame for. Getting divorced to someone who controlled whether you were allowed to work or not is something you should be proud of. You are free.

arethereanyleftatall · 11/04/2025 20:17

Anna713 · 11/04/2025 20:11

@arethereanyleftatall B did childcare whilst daughter was living with her and was a loving mother in many ways. I just want to know what is a fair split. And again I am neither A or B.

Ok, so she did contribute. And in the courts eyes, the unpaid labour of childcare is an equal contribution as the paid labour. So it is disingenuous to say ‘she did not contribute to the mortgage’ because she did, through her unpaid labour for the family. But, as has been pointed out to you, it needs to extend beyond the 50/50 equal pay out because you leave the marriage with unequal potential earnings, as a consequence of the unpaid labour.

Hollyaddy · 11/04/2025 20:17

Anna713 · 11/04/2025 20:11

@arethereanyleftatall B did childcare whilst daughter was living with her and was a loving mother in many ways. I just want to know what is a fair split. And again I am neither A or B.

At a guess you are the new partner of A.

2025willbemytime · 11/04/2025 20:19

arethereanyleftatall · 11/04/2025 20:12

I would reframe that @2025willbemytimeif you can. You’ve nothing to feel shame for. Getting divorced to someone who controlled whether you were allowed to work or not is something you should be proud of. You are free.

Thank you. I had the most awful childhood. I wanted a happy ending and security for my children. They are doing fine with me, they know I love them and are there for them. But you know. .

Coconutter24 · 11/04/2025 20:41

Anna713 · 11/04/2025 20:11

@arethereanyleftatall B did childcare whilst daughter was living with her and was a loving mother in many ways. I just want to know what is a fair split. And again I am neither A or B.

Who are you in this situation, does it affect you in a way?

Hollyaddy · 11/04/2025 20:47

Coconutter24 · 11/04/2025 20:41

Who are you in this situation, does it affect you in a way?

Exactly.
Im thinking she's A s new gf.

Tho she could be his mother. Def on As side tho 🤔

Spirallingdownwards · 11/04/2025 20:53

Hollyaddy · 11/04/2025 19:12

Agree. It s bizarre.
Why not get more equity and 50 50 pension.

Often because one party still had the capacity to pay £60k per year into their pension and the other just £3600. Also with 50/50 equity split who is to say they can't rehouse themselves mortgage free with the 50%. Some people have large amounts of equity.

That's why each case is decided on a case by case basis.

If anything in this case A may get a better than 50/50 split because they will be solely housing the child. In such cases 60/40 is not uncommon (and I have seen 70/30 occasionally).

arethereanyleftatall · 11/04/2025 21:08

Hollyaddy · 11/04/2025 20:17

At a guess you are the new partner of A.

I’m putting a tenner on friend who wants to be girlfriend.
but yes, clear from the opening on As side

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