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Advice needed - splitting assets through divorce 50/50 0r 60/40? So confused please help.

26 replies

Upsadaisygoonpunkmakemyday · 19/05/2007 16:52

Have split from h, he refuses to move out to ensure he gets his fair share from the house sale. He's waiting for the house to get a buyer so he can quit his job to become a student.
Children will be staying with me and as the house will be sold I need to find them and me somewhere else to live.

I am being bombarded with advice that is well meaning but leaving me very confused and unsure what to do. I have friends that are saying a 50 50 split and anything else isn't fair and other friends that are telling me to go for the house or at least a 60 40 split. i feel either is a no win as someone will get hurt.
Since I have the kids should I go for 60% of the assets or do I leave it at a 50% each split?

The assets are house and car....they really won't bring a great deal. I feel as I have the kids I should get the larger share but he is adamant he wants 50 50.
Hope this makes sense my head is all over.

OP posts:
Ss770640 · 24/10/2018 18:17

Based on my research, Scots law.

  1. Everything built up during marriage is 50/50 including pensions.
  1. What was earned before is not marital and can be claimed as their own if proof available. Ie special circumstance and an unequal division.
  1. If children live with one parent then other parent pays CSA until they are 18. Typically £500 a month each child.

People need to realise it is only marital assets split 50/50.

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