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Division of equity

6 replies

Startagain51 · 20/03/2022 15:48

Trying to work out what is fair to ask for so I can have a clean break divorce.
We have one teenage child. Both of us - at least on paper - are on a similar very low income for different reasons. Both of us are in rented accommodation since the sale of the family home (again - on paper)
How much should I ask for out of the equity? Should it be a percentage or an actual figure? Should I consider university costs or just costs until age 18? Should I back date it to separation as STBXH has contributed nothing in the last 2 years.

I'm not represented but STBXH is (despite pleading poverty) so I could really do with some advice.

OP posts:
prh47bridge · 20/03/2022 17:07

Anyone who tries to answer this on the limited information you have posted would be guessing. See a solicitor.

Startagain51 · 20/03/2022 17:54

I can't afford to, but thanks for your response.

OP posts:
BluebellsGreenbells · 20/03/2022 17:56

Who filed for the divorce? Usually you can take the solicitor fees from the settlement.

I take it there’s not a ‘clean break’ from the child so you and teen are separate entities?

You divorce him - settle from the equity.

He pays towards child costs regardless.

Koshnique · 20/03/2022 18:21

Does he have a pension? If so you should ask for half of that.

Startagain51 · 20/03/2022 19:58

He filed for divorce. He is claiming only to have benefits as income (therefore a zero CMS amount) but is actually running his own business. He has been awarded his pension early on health grounds, but has not 'sorted it out' as yet, so no income from it. I've been made redundant so I'm managing on a vastly reduced income but he says I can just get another job at the same rate. I'm guessing the only chance of any provision for our child is from the equity, but I'm sort of getting the message that if the CMS say zero, it's just tough? Solicitor fees would take at least 20% of the equity so I'll just put down a nominal figure at least we'll be away from him and it will all be over.

OP posts:
lonelydad2022 · 20/03/2022 20:08

50:50 is the starting point. If you have children, it will usually vary in your favour as you have to provide a roof for the children. Like 60:40. For child maintenance, you need to open a case with the CMS. The court has no jurisdiction over child maintenance. From the little information you have shared, there won't be any spousal maintenance.

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