Divorce and buying out of mortgage

[Princesspolly]

I am divorcing my husband on the grounds of adultery and looking to buy him out of our house. I have two children living with me aged 6 and 4, the house is our only asset really as similar pensions. Those who have bought partners out what percentage split did you do? I don’t feel like 50/50 if fair as he’s the one who has left the marriage and I obviously need to house the children, I’m hoping for a 25/75 or 30/70 split.
Thanks in advance

Speak to a solicitor and get their thoughts on this, you can do a half hour freebie with most. It's actually worth paying for legal advice rather than trying to do it yourself.

I bought my ex out of the house, 50/50 but kept my pension, which was a lot more than his.

Unfortunately there's no 'blame' as far as the courts and legal process sees divorce. Believe me, I've been in the same position in the past. It'll be a case of negotiating and taking into account child maintenance, child access, possible spousal support if you qualify etc.

You need professional legal advice.

It doesn't matter whose fault the divorce is - adultery is irrelevant when it comes to division of assets

Starting point usually 50/50. He also needs to house the children when he has them as part of the custody division and he should have a home of equal status.

How much equity is in the house? Are you able to remortgage to buy him out and cover the increase in payments or are you offering 25% because that all you can afford to go to?

53% me .... 47% him.
The courts take the view that if there is enough equity to give you both an average house, then it gets sold and split.

If hardly any equity you stand a better chance of getting more.

Good luck. It's really shitty to go through xx

Google Mesher Order - useful when you want/need to keep the house. But see a solicitor as this is just a chat forum.

You need to get some decent legal advise but you certainly don’t get more because he left and you don’t think it’s fair, there is a lot to be taken into consideration but that isn’t part of it. He will also have to house the children on the days he has them

Being married I'd advise a Mesher order. I bought my exP out of 50% of equity as I had to not being married. I've been skint ever since, while the house could of done with more upgrading, that I could never afford. The equity doubled the mortgage as prices were high at the time, a couple of months later, housing crash. We would of finished the mortgage by 53 originally, now I'm going to be 63, so definitely will be retiring a lot later in life than I could of. The wrong decision at the time, can really mess your life up. Last holiday abroad, 4 1/2 years ago. So whatever you do, get legal advice, you are much more protected being married and will have more options.

Mesher orders will continue to tie you to him financially. You won't own the home and it can be ordered to be sold when the kids are 18. He won't be liable to pay the mortgage or the bills. He won't be able to fund buying his own home for the kids as the capital will be tied up in the house.

I get that when adultery is involved revenge seems like a good thing but you have kids together so maintaining an amicable division is the ideal solution and both parents have a responsibility to support a good relationship between the other parent and the kids and this includes facilitating them having a home that the kids can comfortably see him in

Fourteen years ago since I divorced and my children were school age but I got 60/40 to me.