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Financial settlement

8 replies

Missionimprobable · 25/10/2024 15:10

A little clarity would be appreciated on this matter.
Family member divorced (was married 15 yrs, both on mortgage), she lives in FMH with disabled teen (not likely to improve), family member not working (previously worked full time)as teen cant be left alone.
She has been paying the mortgage alone for approx 6 yrs & has less than 5 yrs left on mortgage.
Exh is engaged and living with new fiancé in her mortgaged house.
He has his own business.
Mediator has told family member that the court would look at "needs" ie that her need is greater than the exh as he is adequately housed.
We previously understood that the starting point was 50/50.
She is going to try to get a solicitor but will need legal aid but in the meantime could anyone clarify what the position is, is it based on need or a 50/50 starting point?

OP posts:
Mrsttcno1 · 25/10/2024 15:12

It’s 50/50 starting but they then look at circumstances and can make changes based on need.

RandomMess · 25/10/2024 15:12

Also the need of the disabled child would usually be considered.

Missionimprobable · 25/10/2024 16:01

Thank you, that's very helpful

OP posts:
Gardenlover121 · 25/10/2024 16:42

Also, any mortgage payments made solely by her would normally be deducted from any of his share.

Mrsttcno1 · 25/10/2024 16:45

Gardenlover121 · 25/10/2024 16:42

Also, any mortgage payments made solely by her would normally be deducted from any of his share.

This isn’t true because actually as she is the one living there she is paying her share, and his 50% she pays as occupational rent “to him”.

TheRutshireWI · 25/10/2024 16:59

Gardenlover121 · 25/10/2024 16:42

Also, any mortgage payments made solely by her would normally be deducted from any of his share.

Why? She's had sole use of the house including the half that belongs to her stbxh.

Tippyey · 25/10/2024 17:01

Gardenlover121 · 25/10/2024 16:42

Also, any mortgage payments made solely by her would normally be deducted from any of his share.

This is definitely not correct.

Missionimprobable · 25/10/2024 17:46

Thank you all, it's all very helpful

OP posts:
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