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House sale

31 replies

mumtoateenger75 · 17/05/2018 20:54

I own my house with my ex we weren't ever married but have two kids together
We haven't been together for 10 years and I have just sold the home we own together
Do I legally have to give him 50/50 of profit or 70/30
The children reside with me

OP posts:
Collaborate · 20/05/2018 16:55

But the OP has been paying all the interest during the years it has been increasing in value! And housing his kids in it.
This is completely irrelevant. It's the price to pay if she wanted to stay there on her own.

Paying off some of the capital after separation gets you more. Doing improvements after separation that increase the value get you more. Not much else really. Though you may be able to delay sale under the Children Act Schedule 1, as the house is still needed as a home for the children.

Jonbb · 21/05/2018 00:11

Negotiate with him. Suggest 80 20 as a start in point. I would settle 70 30 or 60 40 on the basis you serviced the mortgage and housed the children.

Collaborate · 21/05/2018 08:12

I would settle 70 30 or 60 40 on the basis you serviced the mortgage and housed the children. Again, completely irrelevant. Might as well argue for that on the basis of OP's favourite colour.

Helpful suggestions please. That kind of proposal would only get a half competent lawyer advising the ex that OP either hasn't got a clue, or hasn't got a case.

OP - I suggest you mention applying for a Schedule 1 order to delay sale. Negotiate from there. Perhaps he'd be willing to accept less than half if he gets an immediate payment or sale.

mumtoateenger75 · 21/05/2018 10:02

The trouble I have is I am moving into a new house with my new husband so I need Thai sale as I can't afford to finance 2 houses x
The sale is going through I just thought I may be entitled to slightly more in percentage due to

  1. The children live with me
  2. I have financed the house for 12 out of the 14 years
  3. He gives me no maintenance for children
OP posts:
Shiftymake · 21/05/2018 10:16

Seek legal advice today, you will get far better advice and understanding towards your situation from there then on here.

Collaborate · 21/05/2018 12:02

As you're going to be living with your new husband (I hadn't realised you'd remarried) save your energy. You won't get more than half, and you won't be able to delay the sale unless your husband is penniless. Clearly the children can be rehoused on sale.

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