Transfer of Equity done but no financial order

[ADifferentKindOfMum]

Hi,
I wonder if anybody could clarify something for me. My ex and I have been separated from our marriage for almost 3 years. A year ago he agreed to transfer all his equity into my name for reasons I wont
go into. The property had only been owned by us for 3 years by then.
We will be divorcing, and I was wondering if I was to ask for a pension shared wether a judge would insist that the equity situation was relooked at and wether a judge could
order that the property which is now in only my name could be used to give my ex money.

Yes, all you assets and his will be/are still part of the marital pot so can be considered. There may be exceptions made for pre-marital property if kept wholly seperate (so marital home wouldn't count as you lived there as a couple) but only if needs can be met without dipping into this, same with inheritance. Also if you have legally ring fenced e.g. a portion of the house in one of your names this can be protected.

So yes your ex could counter your request for a pension share by challenging the other asset split.

Ultimately you need to work out the full value of everything you both own including pensions and work out a fair total split. You can then both decide if e.g. the house equity will offset the value of the pension so you keep the house and he keeps the pension.

If you know his total pension is worth more then the total house equity then it could be worth pursuing.

okay, this is really helpful.

In the event of us agreeing that we keep things as they are:-

I keep house equity
he keeps all his pension

If we agree a financial order and a solicitor okays and submits it do you think it’ll be passed?
for context, we are in the same profession but I’ve been part time since kids born 18 years ago. Sadly I was given a diagnosis which means I can never work full time hours again (physical disability) so my pension has only been part time. It is far more important for me to keep our home. He is younger than me, works full time and also managed to climb our career pathway, earning 3 x as much as me. He doesn’t want the home but I suspect he wouldn’t want to share a pension.

You and your ex can agree a settlement you want if you are both happy, it's only contentious if you don't/can't agree.

A Judge can rule it unfair though, even if you both agree. Was the equity in the house roughly the same as the net difference in your respective pension pots?

He Has been 2 pay grades above me and full time for about a decade. Our equity in the home is about 45k probably and I still have 24 years left on the mortgage to pay on my part time salary.
He earns 3 x my salary and has no illnesses. I have a progressive, incurable disease which will leave me needing at home care possibly.
Therfore, my best earning capacity/promotion and ability to work full time didn’t happen as I was providing all the care for our children and working part time in our profession. Once the children became of an age, I became sick.

You and your ex can agree a settlement you want if you are both happy, it's only contentious if you don't/can't agree
That's not totally correct.

The judge would need to be assured that the arrangement is 'fair and reasonable' from a legal perspective, that there has been no coercion and that both understand the legal implication of their decision.

If not satisfied on these points, they can decide not to grant a financial order based on the consent order.