Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

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

dividing assets after separation - and maintenance???

2 replies

LaDietrich · 18/05/2010 21:31

(posting in relationships and legal) hi, am hoping for bit of advice re legal matters in separation/divorce situation

exDH moved out just after January and has been in his own (rented) flat since March

I am in marital home with our two kids

they stay with him in his flat average 1-2 nights per week

apparantly (according to solicitor I visited) I am entitled to 50% his pension when he retires

we have some savings (ISAs) mostly put away (thinking about it for my pension ultimately as I don't have one with work) but not that much, under 20K

equity in our house is about £250K

solicitor said we don't have enough worth arguing about in court but need to try to sort it out amicably

he said my best bet is to reduce outgoings (mortgage too high for me to manage alone - though could get lodgers in) and also to try to get ex to agree to letting me have all equity in house in exchange for waiving right to his pension down the line

if ex did agree to handover equity at this stage, presumably he wouldn't need to continue to pay towards joint mortgage? (at moment it's all quite informal but he is paying half)

presumably then he would only pay maintenance as calculated by CSA website, or more according to his ability to pay?

at moment he is horrified that he has to pay for his flat, half mortgage AND maintenance - but that is right isn't it? he does need to pay out for all of those right now, until we agree something else...

if he did handover equity he would just need to pay maintenance (and for his flat of course)

is that right or am I being too simplistic?

thanks for any help/advice - I feel totally at sea here...

OP posts:
TheFutureMrsClooney · 19/05/2010 11:31

Bump as I'm at this stage too!

Is your mortgage repayment or interest only?

If repayment you could switch to interest only to make it affordable for you, then sell when kids are older and split equity in a fair way.

TBH I suspect with pensions and mortgage involved you may need to use something like mediation to come up with an agreement that suits you both. They will take into account your earning potential in the future etc.

LaDietrich · 19/05/2010 20:48

house is on variable mortgage so we can do interest only or repayment - could just about afford interest only...

yes, probably mediation is way forward...costly though I suspect

thanks - hop eyour circumstances get sorted too futuremrsclooney

OP posts:
New posts on this thread. Refresh page
Swipe left for the next trending thread