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division of assets on divorce..

3 replies

keepingHidden · 28/01/2010 09:39

Can anyone give me an idea of how assets get divided on divorce? Am a regular but have name changed for privacy as dh knows my chat name as do some people in RL.

Dh and I have been together 6.5 years, married for 2.5. 2dc's together and I have a dd from before.
House is only real asset, there are some savings but they are half the amount of the debt. There is a car but also a car loan to pay for it.
House was bought together but I put in all the equity from previous house and he put in nothing as he had nothing. We had a trust deed drawn up but am not sure that still stands - it was to protect my initial outlay. We married after the deed was drawn up.
I've always earned a lot more and so contributed a lot more, about 4x what dh has contributed. I have also done the lion share of child care, house care etc. and paid for all holidays.
Would it just be a 50:50 split? Is any consideration given to the fact I've contributed a lot more ever since we've been together?
I would imagine the dc's would stay with me and I could probably just manage to keep the mortgage going - he wouldn't be able to if he were to stay.

Appreciate every situation is different but if anyone can shed any light I'd be grateful.

OP posts:
Bonsoir · 28/01/2010 09:45

Go and see a solicitor and tell him/her that your intention is to remain in your family home with your three DCs and that you want your H to move out and you wish to divorce him.

If you H is reasonable, he will ask you for very little £££, given how little he has contributed. But of course people are not always reasonable on divorce.

Cal2010 · 28/01/2010 13:21

I am at final stage of divorce. wikivorce has a settlement calculator that you put all you info into and the predicted outcome for me was pretty accurate. Unfortunately much of what you share will be regarded as matrimonial assets by a court, effectively joint assets and will be divided in such a way to ensure the children are housed and cared for in a new way. H will need to haouse them weekends? odd weeknight? if you don't want to move you may have to give him some of the equity in the house. CSA guidelines indicate for 2 children you can expect 20% of H net income as maintenance for children and if you are the main carer for the children from what I've researched and been advised by my solicitor the split of assets will be around 60% 40% in your favour. Each case is so different and you should go to a solicitor to sort everything out as you can't count on anything being permanent unless you get a legal agreement. good luck, its worth it in the end.

STIDW · 30/01/2010 00:41

Divorce settlements depend on the particular facts of the individual case and sadly no calculator is totally reliable. It takes a human brain and experience to take account of all the factors.

A trust deed determines property ownership but on divorce the value of all the his/her/ joint assets are the consideration. Splitting assets 50:50 isn't the law in England & Wales, they are shared according to a checklist of factors in s25 Matrimonial Causes Act 1973 (try google) and usually needs comes at the top of the list. Once a settlement has been agreed it is measured against a 'yardstick' of equality but that isn't necessarily a mathematical equal share.

Eg; a parent with the majority of care for children requires a larger property to house them and if that spouse is unable to raise as larger mortgage as the other spouse they will require more capital to leave them on an equal footing.

Without details of the value of assets (including pensions) and liabilities, respective incomes and ages no one can say where you stand but a good starting point is to consider both parties housing needs and how they can be met. A solicitor in possession of the facts could tell you where you stand and what your options are.

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