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Financial help - divorce

6 replies

clpsmum · 02/09/2019 19:11

Stbxh wants me to buy him out of property. We have three children, I have full custody. Is it likely to be 50/50 split?

OP posts:
Ellisandra · 02/09/2019 22:36

Not enough info at all.
We need to know where you are for a start -divorce law in Scotland is different from England & Wales, for instance.

There is a VERY basic assumption that you start at 50:50. But then negotiate a fair split depending on all factors.

Do you both have pensions?
What are their values?
What other assets do you both have?
Are you actually able to buy him out?
Did you ring fence any inheritance input on buying the property?
What are your relative earnings?

Ellisandra · 02/09/2019 22:38

I’ll put a guess in though...
You’ve been part time or unable to progress at work due to having / caring for 3 children.
He earns more than you.
He has a better pension than you.
You’re going to house the 3 children.
He’s going to pay the absolute minimum legal maintenance.

If my guess is right - the fuck should you settle on 50/50 equity.

clpsmum · 03/09/2019 06:53

@Ellisandra absolutely spot on!

I don't work I'm a full time career for one of our DC who is disabled. No other assets. No pensions. He earns £45-£50k pa. we live in Scotland. Married ten years. Children are 13,10&8

OP posts:
clpsmum · 03/09/2019 06:56

His parents gifted us money for the deposit that will come out of his inheritance

OP posts:
Ellisandra · 03/09/2019 19:15

It’s important to state that you’re in Scotland when posting for advice as the law is different and readers won’t assume you’re there. You really should speak to a solicitor.

Hecateh · 03/09/2019 20:20

With 3 children you should get a bigger percentage but you definitely need a solicitor.

I got 2/3 of the equity with 2 children but that was some time ago.

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