Taking unequal equity split

[Ran91]

Hi does anyone have any experience of accepting a less than 50/50 equity split and it not be deemed ‘Capital Deprivation’?
My partner (unmarried but joint mortgage) has always contributed more financially to the home than I have. On this basis I wouldn’t feel comfortable taking a 50% share of the equity. I would be the one to leave the property. I would however need to claim benefits and understand the concept of ‘Capital Deprivation’ (I am a full time carer to our disabled son) and that DWP look unfavourably towards anyone seeming to put themselves into CD.
Is it possible and reasonable for me potentially to accept a 60/40 or even 70/30 split based upon financial contribution over the years?

Do you own the house 50/50?
Are you going to be splitting your son’s care 50/50?
If you are going to be primary carer with him having child around his working hours (a common scenario) then I would be taking the 50% to ensure that child could remain at his school for stability reasons.

Are there other joint assets like cars and savings?

My partner (unmarried but joint mortgage) has always contributed more financially to the home than I have.

Was this because you stayed home to look after shared child?

He chose to contribute more.
Yes, it is deliberate deprivation of assets and could be seen as fraud if you then try to claim UC.

Try posting in Legal but I would suggest questions would be asked if you accepted less than your legal share. Are you Joint Tenants or Tenants in Common. Unfortunately if the house is in his name only, you will be leaving with heehaw in assets and Child Benefit only.

Snorlaxo
The mortgage is joint names, so I suppose legally 50/50.
I would be primary carer.
No other assets besides furniture etc.

Presumably he has always felt comfortable with not contributing 50/50 to the care of his child, and to continue not doing that. Plus the fact that you being the full time carer for your disabled son is the thing which has enabled him to contribute more financially. I would think very carefully about why you don't want to split equity 50/50 given those things. You also have no guaruntee that he will leave his equity, or the equivalent, to your son in the future. Especially if he goes on to have more children. Take the 50/50, not just for you, but for your child who is 50/50 his.

Candlemidnight
essentially yes, I don’t work due to caring for son. I worked full time prior to this.

Planesmistakenforstars
Thankyou for that, I needed that sort of clarity and you’re absolutely right x

Then frankly, you'd be fucking stupid to screw yourself out of what you are legally entitled to.

My mortgage is in joint names but the % split is 70:30 to me (unmarried). You need to check how you home is owned - not just that your name is on the mortgage. Please check what benefits you might be entitled to after a house sale and presumably more than £16k in savings.

Havent RTFT

I dont understand why aren't you taking more than 50? I would expect more like 70 / 30 to you if married. Given you arent married I'd be asking for much more than 50 due to your child and i wpuld be accepting absolutely no less than 50

You have a profoundly(?) Disabled child who you are primary carer of and cannot work and will not be able to work much if at all in the foreseeable future.. your Ex can go out and work as much he wants and rebuild wealth

So your "need" for marital assets is far greater...
He contributed more to the mortgage in part because you were unable to work due to caring for his child.... I dont see him doing 50% of the child rearing...

Sorry if i am overstepping but ... Was your relationship abusive???

I also dont know why a father wouldn't want to provide for his child and assure they are adequately housed and provided for....

If you cant for whatever reason fight for your fair share for yourself you should do it for your child who will at some point need those assets

Yes if you legally own 50% and opt to take less then this could indeed be classed as deprivation of capital. You can have up to £16k for UC and remember both Carer’s Allowance (subject to other rules), Child Benefit and Disability Benefits for Children are non means tested. You could work PT, and still claim some core benefits. Check scenarios on Entitled To.
Daft to say you wouldn’t feel right taking your half… your contribution in caring for DS if you were married would be deemed equal, and if you weren’t able to claim anything, would you feel quite so seemingly altruistic!? Deprivation of Capital is fraud and would you really want to have the fear of a knock at the door, having to pay it all back and ending up with, worse case scenario a criminal record?

You own it 50/50 and I assume you did parenting and chores and he worked so your input into the home was more than 50/50

and your son needs you to house the both of you and have money to support so take it

plus you own it together it will go 50/50 you would have to give him more after the split this isn’t a division of assets it is selling a house

I’m a little unsure why you would accept less than 50% as it will be to the benefit of your son to have capital and more security .

Go and see a lawyer. If you are unable to work full time as the carer for a disabled child (and that is unlikely to change) I would expect you to get the house, and for him to continue contributing to its mortgage. I would also expect him to be cross about it but luckily the law values unpaid care in a marriage even if many men don’t.

They aren’t married.

They are not married, so exs only legal responsibility is to his child, not you.

Sad as that may seem, you should not have given up your career.

Take the 50%

It's not just about you, it's about holding onto assets for your child and his future.

Really your exP morally should offer you more than that as you will be primary carer, unable to work and he will be fine and dandy in his full time job.

You would be entitled to 50/50 as it is a joint asset. If you deliberately accepted less I'm not sure a judge would stamp it to though.

What judge?

I think you need to have a rethink. As a full time carer for a disabled son, your cost of living is not going to be normal. Now is the time to be very, very clear about what life is going to hold for you and how it is all to be paid for.

Many years ago on here, I read a thread where it was all spelled out.

Normal babysitter charges x, skilled to mind ds charges y.
Walking to school costs x vs taxi/petrol to suitable school costs y.
Little runaround car costs x vs car that takes ds plus equipment costs y.
Bus trips by an independent child cost x vs always taking the car costs y.
Hospital appointments costs include petrol, parking and congestion charges. And you cannot work because of it.
Therapy costs.
DS only eats certain foods. Does that incur extra cost?
Clothes that are appropriate for DS. Does that incur extra cost?
A social life and activities for DS. Group swimming lessons vs individual will incur extra cost.
Would a bungalow be a better fit for you or will there be modifications needed to whatever house you end up with. Who pays for that?

Claim what you’re entitled to. I say that as the higher earner. Most people expect 50/50 and it’s as much for you as your son.

Money isn't the only thing you can invest in a relationship and your shared lives together.
He happened to have money, and you happened to have time, energy and care for your child. You have both invested what you had available. It would be wildly unfair if he was able to benefit from all that free labour you did for your family, but you could not benefit from all the money he invested in your shared home.
Imagine if you had worked and your both would have had to pay someone for all the things you used to do at home. He wouldn't have been able to pay as much into the mortgage if you had outsourced all of the things you did for free.

Take what you have worked for. Your labour may have been unpaid, but it was worthwile nonetheless. And don't ever let anyone tell you otherwise.

Is it possible and reasonable for me potentially to accept a 60/40 or even 70/30 split based upon financial contribution over the years?

Are you wanting to accept less than 50/50 for the above reason or is it because you need to make sure you can claim benefits for your son? I think given you need to find somewhere else to live you’d be silly to take less than 50%

If you were married and this went to court, the judge would put your child’s needs before either of yours. That’s the principle here.