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Legal matters

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Original poster

Divorce - how can I get in a good position to keep the house?

82 replies

DustyLee123 · 08/08/2024 12:02

I want to divorce my DH, but the only thing stopping me is that I want to keep the house. No mortgage on the house, DH has inheritance money and a big pension, I have a tiny pension due to bringing up the kids. All kids over 18 now.
I think he might fight me for the house, or force its sale, just to be a pain as he won’t want divorce.
How can I get in a good position to keep it?

OP posts:

80smonster · 09/08/2024 14:41

DustyLee123 · 08/08/2024 12:07

I know that, it’s just how I get into the position to do that, and make a strong case for it

Show quote history

The strongest case would be that half of his pension would be worth the same as half the house, in this instance, it could be agreed that his pension remained his and the house yours. Do you believe this to be the case? You will need to get a pension sharing order and a valuation of the house, as this will be how they arrive at the settlement amount.

Lilliesandjasmine · 09/08/2024 15:12

Spacecowboys · 09/08/2024 13:54

It sounds like you need to get all the financial information first. He said his pension is big - but is it large enough that he would settle for taking £0 from the house in exchange for his pension being left alone? It may not be.
Start gathering information. An online calculator may give you a rough idea of how much you could borrow for a mortgage, in order to buy him out.

Thing is the size of the pot is irrelevant in absolute terms, it’s about the annual payment if he retired today. That’s what a cev is for divorce.

Not how much it would be if he kept paying into it and retired in 15 years or whatever, or how much money is in it in terms of the pot.

It’s if he retired at rhe point of valuation ie today, what would the annual pay out be, times by 20 usually and then that’s the valuation. And the op needs to do the same for hers. Usually there is also fees etc deducted from it.

I suspect she’s not giving numbers as she doesn’t know. And saying it’s big is subjective, it could be 100 grand or a million. She needs to quantify what big is.

however I suspect keeping the house is a pipe dream here .

Original poster

DustyLee123 · 09/08/2024 17:22

It’s over £500,000.00. But how much over I don’t know.

OP posts:

ByCupidStunt · 09/08/2024 17:47

DustyLee123 · 09/08/2024 08:38

I can ‘buy’ him out by giving him my half of his pension, that’s what I’m looking at, and it’s a very big pension according to him.

Ok. So make him this offer and see what he says

Lilliesandjasmine · 09/08/2024 18:43

DustyLee123 · 09/08/2024 17:22

It’s over £500,000.00. But how much over I don’t know.

again op it’s not about what is in the pot. How much would he get annually if he retired now?

soupfiend · 09/08/2024 18:54

Five hundred million or five hundred thousand?

Or five million?

OP you havent set out basic facts

How old are you
How much is the house worth
Why do you say you cant get a mortgage
Do you work
How old are the children, are any of them dependents on you even though they are adults (ie unable to live independently)
Where in the UK are you

SheilaFentiman · 09/08/2024 19:08