Is this a fair split of marital assets

[clpsmum]

I live in Scotland

My solicitor has told me to expect 55% of the equity of house at the very most and this doesn’t seem for to me. Wonder if anyone has had a similar experience and how much they received.

Split from H five years ago. He left the house and I have paid the mortgage on my own since then. He has a good job and earns roughly £70k I am on benefits. I have no hope to work in the future as I am a full time cared for my child who is disabled and this won’t change. Ex has no contact with our 3DC whatsoever. He pays half the legal minimum requirement in maintenance. He has a pension although don't know what it is worth until we get a court order I don't have a pension

I feel like I should be awarded more than 50-55% but don’t know if I’m just feeling sorry for myself and being greedy.

Why isn't he paying the full maintenance amount that he should be. He should be taken to court over that and made to pay the arrears.

Because he is a bastard tbh. I contacted the CMS and they said they would open a case but it could take up to twenty weeks and in the meantime he could stop paying. I can't afford to be without the money that he does give us for twenty weeks tbh. It's shit

No personal experience but I do know one of my friends. who can only work part-time as has child with additional needs, got 60% of house sale plus a share of husbands pension. His pension provider had to provide a quote on value of pension.

I'm sorry you're going through this @clpsmum

@patritus thank you. See that seems a lot fairer to me tbh I'm wondering if I've just got a shit solicitor

Seems low, I know someone who got 70/80% of the house equity but no pension. They could work though

I also think it’s low
I would have thought 70-80 percent of all assets to you. Do you know how much his pension is worth?

It does seem low, I can outline how our split of assets has ended up:
Me sahm for last 7 years, will have the ability to work part time come sept to fit around school. He has own business, large income of 100,000 plus, neither of us had pension, equity of 450,000 in property.

80/20 of equity in my favour
Will pay mortgage for 5 years
Will pay £500 towards bills for 5 years
£400 CM a month (2 kids)

But also to be transparent he has a very wealthy family so I think in reality he wasn't too fussed as he will always be in a very fortunate position

I don't know if it's just that my solicitor can't be arsed because I'm legal aid?? I'm feeling really hard done to tbh he is calling the shots all the way and is still controlling my life even though we've been selected for five years. I don't know how much his pension is we are applying for a court order as he's refusing to disclose but this will take a minimum of sixteen weeks ffs

My solicitor said she has never ever been successful in getting her client more than 60% and that was exceptional circumstances. I happen to think my circumstances are pretty exceptional too

I'd say that's no where near enough. Can you get free advise elsewhere?

I’m in Scotland and got 45% more maintenance than he was putting on the table, this was through a court maintenance order and not CMS. I walked away from the marital home and left him to it. Which area in Scotland are you in?

I think it might be worth your while to show the division of assets that your LA solicitor is proposing to a more experienced specialist divorce lawyer. You may have to pay for a couple of hours @ £350-400, but it's likely to be money well spent. Make sure you take all the financial paperwork, evidence of CM underpayment, and the pension valuation to the appointment.