Getting divorced -How to split equity?

[Rosiepicnic]

I am due to see a solicitor next week & I know nobody can give me a 'right' answer but I was wondering whether anyone else may have been in a similar situation to this, or whether I may be being a bit of a cow??

Separated with stbxh last year (he cheated) I am living in family home with toddler, ex sees him a couple of times a week, no overnights.
Due to his poor credit rating the mortgage is in my name only although the deposit was 50/50. He is demanding 50% equity from the house. I am reluctant to agree to this for many reasons

1. I'm the one keeping a roof over our child's head & providing pretty much all of his care
2. If it wasn't for me there wouldn't even be a mortgage, he would only be able to rent so no equity at all
3. He is so rubbish with money, since separating he's managed to build up thousands in debt to the point where his mobile phone is cut off as he hasn't paid the bill. I know that whatever money he gets will be wasted & our child won't benefit from it at all
4. I now work part time due to childcare & have also turned down a couple of job offers so my earning potential is reduced.

So basically, I want to hold on to as much money as possible. Partly for selfish reasons I admit, he's a vile abusive cheat & he doesn't deserve it. But mostly because I know the more money I get, the more benefit our child will see.

I was thinking of offering what he put as deposit plus a couple of extra grand. We hadn't been in the house long & there's not a huge amount of equity anyway, it would be about a third of it.

Does that sound fair?
Has anyone else been through similar?

Not sure, but my partner put in almost all of our deposit and we agreed that from a sale he would get that back first, then the rest of the equity would be split 50/50 no matter what.

How long have you been married because this makes a difference to what the courts consider a fair division of assets. This includes any seamless cohabitation before marrying (e.g. living together for 9 years then married for a year would count as 10 years).

Thank you for the replies, we had been living together in the house just over 4 years when he left, married for 2

A third of the equity seems fair and a court would probably agree if you argue that you are the resident parent and therefore your working hours and earning potential are lower than his and you are the one looking after and paying for the child.
I paid my ex a third of the equity in a private arrangement after explaining the above to him which luckily he accepted.
Is your ex paying maintenance?

Married for two of those 4 years, or married for 2 years plus an additional living together for 4 years?

Need clarification because the courts count 5 years or less as a "short" marriage where you tend to take out only what you put in (with certain exceptions e.g. you might get more if you've had DCs together and will be their primary carer).

Btw need to clarify that I'm referring to the law in England and Wales - Scotland and elsewhere is different.

Sorry yes I meant married for 2 of those 4 years so would be classed as a short marriage then ( & am in england)

That's good then, sounds like your initial proposal is overly generous if anything.

I highly recommend you check out the Wikivorce website, they have a free help line as well.

Great thank you, I definitely do not want to be overly generous to him! Will check out that website, thank you for your help

There will probably have to be a valuation in the house. You may want to leave the valuation after Brexit as it may go down.

Whilst the mortgage may be in your name, was he contributing to the mortgage payments? TBH I think if you are married the name on the mortgage is irrelevant.

I don't think you can withhold equity on the basis that he wastes money or would be renting without you. Imagine if a man posted that!

However, if you will be the resident parent and can show that your earning potential is less due to childcare I think you should get more.