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Separation/ split of assets

6 replies

Onanightlikethis · 20/01/2013 09:31

we are currently negotiating a separation agreement. It's a no blame separation, things are amicable and we wish it to remain so.
We are talking about dh buying me out of the family home, I have no wish to stay here, and ouldnt afford to anyway. I have found a property for me and the 2 kids which I can buy with a deposit from the money from dh.
I love the possible new house, and the only way we can both do what we want is to split the equity from the house 50-50, based on selling the house at our lowest figure.
We are both happy with this, and on a day to day basis, I have around 800 per month to spend on stuff once all the bills etc have been paid. Dh would have a much bigger mortgage, and only have around 300 to spend every month.
We are worried that a judge won't think this is fair. We think it is and are happy.
We both have good jobs and have agreed not to touch pensions.
The positive is that the kids would be dealing with one less change, when they see dad it will be in a familiar setting.
So, is this even possible? It's my understanding that if we are in agreement it should be ok?
I could have 60-40 but that would mean selling the family home and all associated costs of dh buying and selling. But I don't actually need the 60% to do what I want.
Any advice or views?

OP posts:
CogitoErgoSometimes · 20/01/2013 09:48

If you're both happy with things like finances and access to children judges don't come into it really except to rubber-stamp the divorce. Just make sure that whatever you agree is fair, drawn up properly and signed off. Exes can be very happy with arrangements early in on the split but, if anything changes, they can try to go back on it if they haven't signed on the dotted line

Onanightlikethis · 20/01/2013 09:59

Ok. Thanks. We have drawn up a separation agreement which is really comprehensive, so it needs to go to our solicitors to be signed off? Is that right?
He's got a remortgage in prinnciple to buy me out, I've got a mortgage in principle to buy the house I've had my offer accepted on.
So I need to get a solicitor to deal with the transfer of equity?

OP posts:
Onanightlikethis · 20/01/2013 10:01

Our solicitors were happy with the sep agreement based on a 60-40 , so if we just change it o 50-50 it will be fine. Regarding the kids we are going for shared residency.

OP posts:
CogitoErgoSometimes · 20/01/2013 10:07

When it comes to expensive important things like houses I think it's best to go belt and braces just in case. Your solicitor should be happy if you're happy.

RedRosy · 20/01/2013 11:31

That sounds fair. Sounds like my arrangement with my exH. What about life assurance policies?

Onanightlikethis · 21/01/2013 18:39

What about them red rosy?

OP posts:
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