Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Help re Division of assets

5 replies

awishes · 17/03/2014 20:15

Hello,
I am in the process of divorcing and desperately would like to keep the family home for the children to keep some stability. STBX is fighting over the finances as wants a 50/50 split meaning that I would be unable to buy a home for myself and the kids.
Can anyone tell me, if I am able to agree a 60/40 split, that this would include all our assets not just the house equity?
We don't have any liabilities other than a small mortgage.
My solicitor is telling me not to worry about the finances at this stage but I am having sleepless nights not knowing whether I can afford to buy him out or not :(
Many thanks in anticipation

OP posts:
awishes · 18/03/2014 10:00

Anyone? Confused

OP posts:
millymolls · 18/03/2014 10:11

As far as I am aware all assets are to be included in the division, including savings, pensions (accrued during length of marriage) etc. Courts will look to achieve a 'fair division' but this is not necessarily 50:50, and will also depend on need, ability to earn, age, length of marriage etc. So e.g you may be able to get higher than 50% of equity but forgo some pension etc. Your solicitor is however, in the best position to advise you.

awishes · 18/03/2014 10:30

Thanks millymolls, I'm just confused as to whether the split, for example if I was to get 60% would that be 60% of the savings as well as 60% of the equity as I'm trying to work out how much I can afford so if the cash isn't split 50/50 but 60/40 I will have more cash to give him. Does that make sense?!!

OP posts:
prh47bridge · 18/03/2014 11:03

It is not necessarily the case that a 60/40 split (or any other ratio) is applied equally to all assets. If the house represents 60% of the assets a 60/40 split could mean you get the house but nothing else.

awishes · 18/03/2014 15:15

Thanks, would be happy not to get anything else just to keep a roof over their heads!

OP posts:
New posts on this thread. Refresh page
Swipe left for the next trending thread