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Topic:
House Split - opinion on fairness? (5 Posts)
Started By:
Date:
18 March, 2017 11:47AM
House Split - opinion on fairness?
Shoey - 18 March, 2017 11:47AM
I'd like some impartial advice on what would be considered fair in my circumstances.

I have been separated from my soon to be ex-husband for coming up 2 years. We will shortly be divorcing on grounds of separation, which we have agreed. It's as 12 year marriage, one child who lives with me. We bought a house for the first time 1 year before we split. Since that time, we have been paying exactly 50% of the mortgage payment each and will continue to do so until the end of the fixed rate mortgage period in 2019. I have not received any child maintenance in that time, but will once he no longer is paying towards the mortgage.

I want as clean a break as possible, and at end of fixed rate term of mortgage, I want to either sell or try to take over the mortgage myself. We both work - he earns approx 10k a year more than me. It's probably not legally relevant, but he is renting a house currently.

Ex wants to split equity in house 50/50 as that reflects what we have each paid into the mortgage. I'm not sure whether 60/40 would be fairer as I have main care of our pre-teen child. However, I have a tendency to avoid conflict, so I'm not sure if my now leaning towards just going for 50/50 is me taking the line of least resistance. So I wanted others opinions. Thanks.
Re: House Split - opinion on fairness?
HatMan - 18 March, 2017 07:37PM
I suspect you could get at least 6/40 in your favour as you have custody of the child, but you haven't given details of other financial assets eg pensions etc...if he has a decent pension too and you do not then you would get way more of the house equity ( or a pension sharing order ) - More detail required!
Re: House Split - opinion on fairness?
Shoey - 18 March, 2017 08:18PM
Pensions wise, I know he has a private pension paid into for 10-12 years but I couldn't tell you the value of it at this point.
I am currently awaiting CETVs for an NHS pension paid into for 8 years and an LGPS pension paid into for 3 years.
If anything I think my pension would be worth slightly more, particularly the NHS one. But this is just conjecture on my part.

There are no other debts or assets apart from the money I have saved to pay for the divorce.
Re: House Split - opinion on fairness?
HatMan - 20 March, 2017 07:51AM
Quite likely that your NHS pension ( presumably a final salary scheme ?) will have a higher valuation than his pension I would guess...anyway very little point in speculating re what is fair until all the details are on the table.

There will be a presumption that you will require a certain amount to house yourself and the child - but as you haven't included valuations, mortgage outstanding etc etc we are not in a position to make even a vague guess at what might be reasonable.
Re: House Split - opinion on fairness?
Shoey - 20 March, 2017 10:30AM
Thank you for coming back to comment. I realise I've been a bit vague - sorry about that. I'll start collecting all the figures together to be able to get a better idea.

Thanks again.
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