Selling marital home, but already divorced (with 1 DC), who gets what from the equity?

[mummytowillow]

I've been divorced for about 2 1/2 years. My ex divorced me even against my wishes as we didn't sort out financial arrangements etc. He refused to discuss them, and knew I didn't have the money to go through solicitors etc. He was in a huge rush for some reason and it was very hurtful the way he went about it. He wanted the divorce etc.

I had some free advice from a solicitor friend and he told me financial stuff could be sorted later and divorce would still go ahead whether I liked it or not, unless of course I tried to stop it which involved fees.

We have a daughter and he has always paid regular maintenance to her, so no problems there.

We have a 4 bed house with about £20k equity in it. We need to pay agents, solicitors and an overdraft off then the rest is 'ours'. He wants us to have half each. But he has a very good pension which he refuses to discuss to. I also had a pension which I had to freeze as I resigned from my job to move nearer to my parents and could never have afforded to live etc in the area we lived.

His pension will be amazing, huge lump sum and over £25k a year. I asked for a CETV for mine and he reluctantly gave me his. At the time of the divorce he said if I left his pension alone, I could have all the equity from the house. He seems to have forgotten this and now has £ signs in his eyes!

So, who gets what, and am I entitled to more as I have custody of our daughter, and he gets to keep his great pension while mine is rubbish because I had to resign.

I can't afford a solicitor and he knows this, so I want to get my facts straight before saying what I expect.

Thanks

Well, does the house HAVE to be sold now to begin with? Can you manage the mortgage payments on your own? I would think it likely that if you can't afford to keep the house then you would get all the equity after selling costs as you will need to house you & your dd - deposit, removal costs etc add up. If his pension is really that good , it is not unreasonable for you to expect something in lieu of that as well.( counted for the time of marriage) Go in hard, you have your dds interests to protect.

Your entitlement, if any, to a pension sharing order is dependent on various factors including the length of the marriage, and the disparity between his and your provision.

My concern, though, is that you say you are already divorced; do you have a decree absolute?

I already rent privately and so does he. Were selling house as it finally has equity, it has had tenants in it for four years.

I've been divorced for two and half years with an absolute. I was told finances are separate to the divorce as we have a child, so could be sorted at a later date ie house sale.

I'm not a solicitor but acting without legal advice can be a false economy and the real question is can you afford not to consult a lawyer?

If you had stayed in the house and could meet the mortgage payments you may have received all the equity but because you moved out with your daughter and you are both rehoused it changes things. When the property sells you need plans what is to happen to the proceeds. If no agreement can be reached a solicitor should keep the money in an account until it has been decided how it will be shared.

Pensions are long term investments which can't be turned into ready cash. Pension sharing isn't so likely when a marriage was short and there are many years to make provision before reaching retirement age. If the marriage was longer and pension sharing is appropriate applying for the absolute may have left you at a disadvantage financially. You lose certain rights such as a widow's death benefits if your ex husband died when you are no longer married.

£20k equity isn't a great deal and you can't afford to spend more than necessary but it's worth spending something consulting a solicitor to find out where you stand and what options there are in your circumstances so that you aren't disadvantaged and can negotiate from an informed position. The irony is if you have low/no income you may have qualified for legal aid before but since April this year legal aid is no longer available in nearly all cases.