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    • loveasale
    • By loveasale 4th Oct 17, 1:20 PM
    • 282Posts
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    loveasale
    Divorce 60 / 40 split
    • #1
    • 4th Oct 17, 1:20 PM
    Divorce 60 / 40 split 4th Oct 17 at 1:20 PM
    Me and OH are divorced I still live in home and now kids are older we are going to sell ,
    He is offering me 60% , I've paid mortgage in full for 5 years since parting,
    No real pensions or savings either side to speak off ,
    Feel a bit miffed at offer but just want some advice
    Thanks
    I will never be rich but I'm happy
Page 1
    • caprikid1
    • By caprikid1 4th Oct 17, 1:29 PM
    • 469 Posts
    • 473 Thanks
    caprikid1
    • #2
    • 4th Oct 17, 1:29 PM
    • #2
    • 4th Oct 17, 1:29 PM
    How long were you together ? What is the value of the estate.


    50/50 is the normal starting point, what Pension does he have ?
    • Jamiehelsinki
    • By Jamiehelsinki 4th Oct 17, 1:31 PM
    • 97 Posts
    • 146 Thanks
    Jamiehelsinki
    • #3
    • 4th Oct 17, 1:31 PM
    • #3
    • 4th Oct 17, 1:31 PM
    Did your husband need to pay rent elsewhere while you paid the mortgage?

    Did you benefit from technically an interest free loan as your husband had equity tied up in the house for 5 years?

    Unless he earns a much bigger salary with the children grown up a court would look at 50/50 to start with
    • FBaby
    • By FBaby 4th Oct 17, 1:33 PM
    • 15,942 Posts
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    FBaby
    • #4
    • 4th Oct 17, 1:33 PM
    • #4
    • 4th Oct 17, 1:33 PM
    60/40 could be very fair or very unfair.

    If you've been married for 30 years, he has paid the mortgage for 25 years and you've only paid it for 5, and the equity in the house is £500K, then it's not so unfair.

    If you've been married for 20 years, but only bought the house 7 years ago, and you've paid the full mortgage for the last 5 and the equity is £50K, then clearly it isn't fair.
    • Comms69
    • By Comms69 4th Oct 17, 1:35 PM
    • 467 Posts
    • 335 Thanks
    Comms69
    • #5
    • 4th Oct 17, 1:35 PM
    • #5
    • 4th Oct 17, 1:35 PM
    You used ex husbands credit to live on, what is the complaint about? I'd say 50/50 is the fairest
    • Ozzuk
    • By Ozzuk 4th Oct 17, 1:47 PM
    • 1,122 Posts
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    Ozzuk
    • #6
    • 4th Oct 17, 1:47 PM
    • #6
    • 4th Oct 17, 1:47 PM
    Too many variables, for short marriages (which I've seen defined as anything from 0-10 years) its often split along more complex lines, who paid what deposit, did he work on the house/pay for improvements, earnings, pension etc. trying to return you as far as possible to the position you were in before marriage.

    With a 'long' marriage it tends to be as others have stated, 50/50 and go from there. If he has a greater earning potential perhaps a split more in your favour, particularly if your career 'suffered' if you were mainly raising the kids.
    • lika_86
    • By lika_86 4th Oct 17, 2:01 PM
    • 1,155 Posts
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    lika_86
    • #7
    • 4th Oct 17, 2:01 PM
    • #7
    • 4th Oct 17, 2:01 PM
    Doesn't sound too bad at first blush to me.

    ETA: From previous posts it seems your mortgage has been interest only at least in recent years, so the fact you've been paying it for the past five years doesn't add much to your argument for more in a split.
    Last edited by lika_86; 04-10-2017 at 2:06 PM.
    • FBaby
    • By FBaby 4th Oct 17, 5:57 PM
    • 15,942 Posts
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    FBaby
    • #8
    • 4th Oct 17, 5:57 PM
    • #8
    • 4th Oct 17, 5:57 PM
    Oh yes, and depends if you've actually been paying the capital indeed!
    • loveasale
    • By loveasale 4th Oct 17, 7:12 PM
    • 282 Posts
    • 1,806 Thanks
    loveasale
    • #9
    • 4th Oct 17, 7:12 PM
    • #9
    • 4th Oct 17, 7:12 PM
    Was together 20 years
    I gave up a (better pay than his ) career to bring up kids , but always worked
    Kids work but only on low contacted hours
    We did big remortgage for him to re train in new career , and earn better ,
    He lives with mum and dad so pays no rent , has girlfriend but waiting for her own divorce to go through ( she wasn't reason for our parting )
    He is younger than me
    Have seen solicitor,, they have told me that I can much more ,,,,,,,,, but they are going to say anything ,,,,I would if I earnt £275 per hour !!!!!!
    I will never be rich but I'm happy
    • lika_86
    • By lika_86 4th Oct 17, 9:54 PM
    • 1,155 Posts
    • 4,182 Thanks
    lika_86
    Have seen solicitor,, they have told me that I can much more ,,,,,,,,, but they are going to say anything ,,,,I would if I earnt £275 per hour !!!!!!
    Originally posted by loveasale
    You do know that the actual solicitor doesn't earn that, right?
    • loveasale
    • By loveasale 4th Oct 17, 11:15 PM
    • 282 Posts
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    loveasale
    No I suppose not ,, mine quoted £350 per hour, but I was being fair / middle of the road ,,,,,
    I will never be rich but I'm happy
    • loveasale
    • By loveasale 4th Oct 17, 11:18 PM
    • 282 Posts
    • 1,806 Thanks
    loveasale
    Comms 69 , not sure what mean ?
    Credit ,, my ex always lived and spent life to the full ,,,,no credit there ,,,
    Me on the other hand have been savvy and good with money ,,, ?
    I will never be rich but I'm happy
    • Kayalana99
    • By Kayalana99 5th Oct 17, 7:15 AM
    • 3,328 Posts
    • 5,956 Thanks
    Kayalana99
    That sounds a decent amount to me, as someone else said if you were living in the home for 5 years that was in his name 'techinally' he could have been charging you 50% of the rent, so you would have had to pay your half of the mortgage + more in rent , and he would be paying half the mortgage. No matter who gave up what, you still are married and both contributed to the household so I'd be fair.

    I might be completly wrong here but I was under the impression sometimes the woman gets more % due to having young kids to support.
    People don't know what they want until you show them.
    • Ozzuk
    • By Ozzuk 5th Oct 17, 8:53 AM
    • 1,122 Posts
    • 1,652 Thanks
    Ozzuk
    Another angle, it is always better to try and maintain an amicable split. It doesn't sound like 60/40 is that unfair, and if it means you can both reach agreement and move on with your lives then that is healthier for everyone.

    The alternative could involve solicitors, bad feeling, stress, arguments.

    Life is too short.
    • onomatopoeia99
    • By onomatopoeia99 5th Oct 17, 9:47 AM
    • 3,431 Posts
    • 7,566 Thanks
    onomatopoeia99
    So you've got to live in the family home and he's had to go back to his parents, as an adult of middle years (you've been together 20 years so he's not going to be 25), has been unable to buy a home as he's already got a mortgage and his life has been effectively on hold while you've had the benefit of a interest free loan on his share of the equity. Also, while you've been paying the mortgage, you haven't been paying rent, so the mortgage has brought you a benefit beyond just accumulating capital in a house.

    I'd say 50/50 was about fair. The interest part of your mortgage payments balancing out the interest he didn't get on his capital while you were living in the home.
    INTP, nerd, libertarian and scifi geek.
    Home is where my books are.
    • Comms69
    • By Comms69 5th Oct 17, 10:02 AM
    • 467 Posts
    • 335 Thanks
    Comms69
    Comms 69 , not sure what mean ?
    Credit ,, my ex always lived and spent life to the full ,,,,no credit there ,,,
    Me on the other hand have been savvy and good with money ,,, ?
    Originally posted by loveasale


    You were able to borrow money because he agreed to be part of the contract. you used his 'line of credit' to keep the house.


    Also £275 an hour, no offence but that is not going to happen....
    • Comms69
    • By Comms69 5th Oct 17, 10:07 AM
    • 467 Posts
    • 335 Thanks
    Comms69
    P.S. I just saw your other thread:


    Hello all ,
    I'm about to get divorced, I'm still in marrital home, it's worth 250 with a 100 outstanding,
    I'm happy to move to a smaller home as my 2 boys will be fleeing the nest soon .
    I've been in the same employment for 18 years and earn 12,000 a year,,,,,,,BUT as my employer didn't want to pay that 'I'm in pension ' we have all gone self employed last October, the only change is that I pay my own tax and NI.
    I am 50 and in very good health!
    My ex will settle for a lump sum , and I have been scrimping , ebaying and putting money away to pay him off ,,,,!
    So that's the background past ,,,,,,,
    What about my future ? Will I get a mortgage on my small income and no accounts to show ?
    I do really hope some of you can help me on this next stage of my life?


    You're not self employed, your employer is massively screwing you over. You need to report this to DWP and HMRC immediately.
    • loveasale
    • By loveasale 5th Oct 17, 11:34 AM
    • 282 Posts
    • 1,806 Thanks
    loveasale
    Why do you say that comms ?
    I will never be rich but I'm happy
    • Comms69
    • By Comms69 5th Oct 17, 11:40 AM
    • 467 Posts
    • 335 Thanks
    Comms69
    Why do you say that comms ?
    Originally posted by loveasale


    Because employment law is complex, but in short saying your self employed doesn't make you self employed.


    For example: do you set your own hours, provide your own tools, could you send a replacement to do the work?


    or flip reverse it: you are getting paid the same as you were, except you've lost maternity leave, annual leave, pension contributions.... do you think if the law allowed that ALL employers wouldn't be doing the same thing?


    You are employed and you are being quite literally bent over the barrel. If you are a union member - speak to them (if not, why not, join one now for any future issues)


    If you aren't currently a union member go and speak to an employment solicitor.
    • UKSBD
    • By UKSBD 5th Oct 17, 11:54 AM
    • 464 Posts
    • 145 Thanks
    UKSBD
    Why do you say that comms ?
    Originally posted by loveasale

    Do the maths on these rough figures


    13% for holidays
    3% pension contributions
    5% NIC
    10% Job security, redundancy, etc.
    10% business expenses, insurance, accountant, etc.


    In other words, that job that you earn £12k at, if you were self employed you would want at least £17k to be in a similar situation.
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