Mediation/Sharing of equity in property/Schedule 1 of Children Act

[RambleOn]

Has anyone used the mediation service for discussion of childcare or splitting of assets?

And does anyone know anything about Schedule 1 of the Childrens Act 1989? Apparently, there is provision there for some of the partnerships joint assets to be apportioned to the children?

If you split with your unmarried partner, was the split in equity 50/50, or did your DCs effectively get a share?

Questions, questions Any help much appreciated, am having a huge trauma

RO you have got a good case to stay on in the house, but your ex is entitled to a share of the equity now to be able to home himself, I think you should change solicitors to one that know their business, your ex may drop his hours for maintenace but then you can ask the csa to investigate and review the claim when he bumps his money back up

RO I dont think you would owe him money, but once the children were 18 he could push for a sale, so you either sell up or buy him out, you might be in a better position when that time comes

Its not that you 'owe' him money but he is entitled to have back what is already his.
If there is £210 equity that is £105 each on a 50/50 split.

If you can rehouse on £140K, the court can order that he 'lend' you his remaining £35 in order to let you stay in the house (or buy another house) with the children.

But once they are 18 or finished full time education (depending on what cut off point is agreed/ordered) you will have to find the £35 which will probably be expressed as a percentage of the value of the house (or any new one you buy) i.e. it is likely to go up over the years.

Thanks for your responses, you've been very helpful.

I have found another sol who seems a bit more errr.. aggressive

She is inspiring much more confidence than the previous one.

Is Mrs P and Spero still there????

Im in a sort of similar position and off to mediation next week at long last.....
My exp earns c £150k pa I earn £6k - for the last 7 yrs he has paid the mortgage( when dd was born and I was a sahm) howvere the house has allways been in jt names - I too want to apply for the other 50% equity to be transferred in dd name so I can rehome nearby (however he said he wont do that so we are moving anyway where I can get support from family but will have to move school jobs and home ie give it all up) still applying for the 50% as I will only rent up north for the forseeable until housingmkt drops some more and when our jt owned house is sold my equity will go a lot further up there than it does down here (not eough to buy a studio let alone a 2 bed place) anyway - is there a chance that exp can argue that as I havent paid mortgage for last 7 yrs he can have more than 50% equity as that would really scre me up big time? My sol didnt even mention that as an issue but you have me worried now? if youre still out there any advice for me? please and sorry rambleon for hijacking your thread but I couldnt believe it when I saw it - have you started your mediation yet? whats it like if you have?

taken4granted (me too!!)

As I understand it, whether you are down on the deeds as joint tenants or tenants in common is relevant here. And whether you had any agreement in writing or verbally from the start about how the house would be split in the event of you selling up.

We haven't started mediation yet, as my exp is so far refusing to discuss the issue, preferring instead to pretend that our relationship is still intact even though he's continuing his affair with a 17yo

Tbh, if I were you, I would discuss this issue with your sol before mediation, so you know where you stand as a starting point for negociation iyswim.

MrsP and Spero make a good legal team though