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Divorce

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  • antdon
    antdon Posts: 232 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Everyone keeps saying 50-50... Umn...

    I thought the law changed a few years back.
    My understanding of it, is that you are entitled to 50% of the increase in the value of the joint assets, for the period that you where together...

    How much has the house gone up in value while you where together?

    Divorces stink..
    But you really need legal advice...
  • mackemdave
    mackemdave Posts: 769 Forumite
    Why should it be 50/50 she has a child under 18.....its still classed as a child of the family even though its his stepdaughter...who needs housing.She should be looking for 60/40 if not 70/30 of the home.He is on a very good salary and will easily be able to get a mortgage.Solicitor tomorrow will probably urge you to go for child maint and some sort of Spousal maintenance till you are able to get into emplyment.

    His suggestion is looking after No 1........
  • se999
    se999 Posts: 2,409 Forumite
    On this document with the mother, is there any proof as to when it was signed!! e.g. Nuetral witness etc to verify the date. Is it actually a legally binding document? Sorry if I'm dubious, but it appears the OH has had time to plan things. Also check bank statements incase money is being hidden. After his first marriage it might be from the begining that he has planned things to lower his 'risk' in this marriage.

    I don't really see why you should have to pay half the costs of his first divorce/marriage.

    He's according to you in a good job. In the current job market it's difficult for people with recent experience to find jobs, so for you it might not be automatic that you can find a good job soon, you might need to take time out for retraining etc..

    Marriage is about sharing responsibilities and trust and not who wins or loses, but when it comes to divorce you have to think more about what is just and equitable to both sides. You have equal rights to your OH to a just and equitable result, by finding out what you're entitled to you're not' ripping him off'.
  • mackemdave
    mackemdave Posts: 769 Forumite
    If the finances went to court and if the only asset is the house the judge would look at it and decide that there is insufficient equity to rehouse both parties.The main priority would be the child and he could decide that you and daughter could stay in the marital home until your daughter finishes full time education and then the house would need to be sold and the proceeds split...lets say 50/50....You may even get more if you forgo any claim on his pension

    Your soon to be ex has the earning capacity to rent a property so his housing needs are catered for.This way you get to stay in the home and still get a split in ten yrs time.In that time you can save so that when the time comes you have equity,savings and possibly mortgage potential to buy your own property.

    Dont feel guilty about anything its your entitlement
  • NAR
    NAR Posts: 4,864 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Meeting up with him in about 20 minutes. I'll have to see what happens when we speak today.
    Well what did he have to say, any update?
  • GC81
    GC81 Posts: 156 Forumite
    How are things this morning?
This discussion has been closed.
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