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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Equity when divorced

8 replies

Qwincy · 14/01/2021 14:25

Hi all,
Husband left in august after I read his phone messages flirting with another woman. He filed for divorce in October. I can’t afford to keep our house long term (it is in joint names) so we have put it up for sale. We have two children aged 11.
My husband has now moved in with the other woman and has told the children they are in a relationship and they’re buying a new home.
What should I do with the equity?
I feel like I should be asking for 60:40 because I have to find a new home in the area we live (because of high school places) and it’s more expensive than other parts of the town. Whereas he is now looking to buy a new house with his girlfriend and they’ll have two incomes and are not tied to the same area as I am (he has the children 2 nights a week).
I’m unsure because I just want this to be all over and part of me thinks just go 50;50 for ease, but the. Another part of me thinks it isn’t very fair?
Thank you for taking the time to read x

OP posts:
Londono · 14/01/2021 14:31

You need to speak to a solicitor. I think what a court wants to see is equity of outcome so it doesn't have to be a 50/50 split if that won't achieve the same outcome for both of you.

Good luck and I hope you are much happier on the other side.

NK1cf53daaX127805d4fd5 · 14/01/2021 14:40

That doesnt sound fair at all. I'd definitely be seeking legal advice about all of that.

Rosiedo · 14/01/2021 14:45

Remember you will get some of his pension too, I think it’s half but get that checked with a solicitor as I might be wrong and make sure he pays maintenance for the kids.

cushioncovers · 14/01/2021 14:46

Your solicitor should advise you on what to do.

SPLUGSYMALONE · 14/01/2021 14:55

Definitely look at his pension as well.

It could be that you get considerably more equity if you don't touch his pension (or vice versa if you have the larger pension).

But really you need good legal advice on this.

KylieKoKo · 14/01/2021 18:05

You should definitely get legal advice but his girlfriend's income is nothing do with how much equity you should have.

Qwincy · 14/01/2021 19:12

Thank you for the advice xx

OP posts:
millymollymoomoo · 14/01/2021 21:05

You do need legal advice
All assets of both parties are in the pot for consideration
Split will be worked out on many factors, not least need, but will assess,
Length of marriage
Earnings now and future potential
Assets available
Needs of children being met

Fair does not mean 50:50 which is why you need a solicitor

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