Short marriage and house sale: should legal fees and equity be ringfenced in equity split?

[Honorlee]

I am in the process of separating from my husband, we have not yet been married a year.

We bought a house 18 months ago

He sold his property and put in a lump sum which was equity from his property.

His parents also gifted him some money (signed off as a gift legally) however he later asked me to help pay this back, but we never paid them anything.

I gave up a council tenancy and paid all the legal fees and stamp duty out of my savings.

He did not put his equity into a deed of trust and we then got married.

We have put our house up for sale and it only got valued £15k above what we paid for it. we have paid £12k off the mortgage

He always asked if his equity from previous house sale would be ringfenced and I agreed. The money his parents gifted can’t be paid back as I will end up with absolutely zero.

He proposed he takes his original equity, we then split the rest 50/50 paying equal fees (EA and legal). This could still leave me with virtually nothing at all at the end if the house doesn’t sell for top value

I have no spare money to pay a solicitor, and my ‘share’ could be so low I can’t even break even.

I’ve asked if my smaller contribution to the SDLT and the legal fees could also be ringfenced because his equity will be, and he said legally, it’s all in the same pot as a short marriage with regards to costs

He has 50/50 dependants (kids half time) and I do not, so he would get priority for housing, but not at my total expense?

I understand in short marriage all parties should be put back to their original position but this agreement leaves me with less than I contributed!

I’ve refused to sign any documents and asked him to consider ringfencing my original amount, and also ringfencing his, then splitting the rest after fees.

He said he’s had legal advice that my contribution was just ‘costs’ and not relevant to be ringfenced.

All I can see online is that I think as he would be getting the lions share, it’s not unreasonable that a court would order at least putting me back to my original position for the fees/costs then splitting the rest

Please can anyone give any advice on this?

Op you are right, just hold a firm line on it.

I think mediation is a good idea.
Most of the money would get swallowed up with legal fees if the court route is taken.

The time you were together before marrying is taken into consideration and 7 years in total is not considered a short marriage. Did he live with you in your council house?

Id hold out for half, he has a cheek expecting you to swallow all the costs, while 'his' equity is ring fenced off. You lost your council tenancy as a result of this decision, arguably worth a great deal more than the equity he put in. Its completely unfair that you carry all the losses.

IMO you need to reframe the original payments / investment.

From your figures you collectively paid in £60k for the deposit and fees. Why did his count as a deposit and not yours? Surely you split the fees in half then wahatever is left from the respective shares is the equity you put in. This seems to be the fairest thing to do