marriage break up and sale of house

boredwithhubby

hastie wrote: »

50 - 50

all that i have i share with you.....

really? i think that is a bit naive really....

boredwithhubby

DVardysShadow wrote: »

There really is insufficient information to even begin to assess this. You didn't bring £108,000 equity to the new house - you had already been together 3 years and we don't know when you were married. I would say you should calculate your equity when he moved in as your starting point.

Next issue is the credit card debt - whose debt was it?

Next issue is who paid the mortgages and in what proportion on these properties?

Next issue is did OH bring any equity to the marriage or just debt?

The answer is somewhere between him owing you a lot of money [debt brought in? loss on property] and him walking away with a similar amount.

when he first moved into my house he only paid a nominal amount as I had other lodgers. he only really contributed to the mortgage from when we got married so for about 2 years. from then one he paid 50%. in our current house we each paid 50 % even though he works full time and I work part time as we have 2 children. the credit card debt was joint ....mostly for work down on the first house. OH did not bring anything financial to the marriage apart from he paid £2000 for work done on the first house.

boredwithhubby

clearingout wrote: »

any debts?

£5000 credit card debts....mostly his but am happy to split 50/50

boredwithhubby

clearingout wrote: »

and what about pensions?

no pensions

BitterAndTwisted

Think what you like but until you've consulted a solicitor you have no idea of the real position. You were married and if you didn't get a written undertaking from your spouse about the equity you willingly contributed to the marital home you are in a very weak position to insist that you retain it all now after three years of living together and six years of marriage when he presumably made equal contributions to the mortgage-payments.

boredwithhubby

BitterAndTwisted wrote: »

Think what you like but until you've consulted a solicitor you have no idea of the real position. You were married and if you didn't get a written undertaking from your spouse about the equity you willingly contributed to the marital home you are in a very weak position to insist that you retain it all now after three years of living together and six years of marriage when he presumably made equal contributions to the mortgage-payments.

my husband is a very decent man and we have always agreed that if we did ever split that he would not ever try to shaft me financially. our 2 children will be living me and he will want to know that they are ok finacially which they wouldnt be if he took me half for half of the house. I am not asking to retain it all.....I asked for peoples opinions on how the proceeds should be split.

BitterAndTwisted

OK, well if you want an opinion mine is that you split the proceeds 50/50

boredwithhubby

BitterAndTwisted wrote: »

OK, well if you want an opinion mine is that you split the proceeds 50/50

thank you for your opinion , however I feel very lucky to know that my husband does not share your opinion. perhaps he is not quite so bitter and twisted

Darlyd

You are better off selling, buying a cheaper house, and THEN split what is left 50/50. Or just stay in the home and ask him to pay the rest of the mortgage instead of paying maintenance? OR buy him out if you can, and get him to pay you maintenance. Just some suggestions, Perhaps you should seek some legal advice.

boredwithhubby

darlyd wrote: »

You are better off selling, buying a cheaper house, and THEN split what is left 50/50. Or just stay in the home and ask him to pay the rest of the mortgage instead of paying maintenance? OR buy him out if you can, and get him to pay you maintenance. Just some suggestions, Perhaps you should seek some legal advice.

i do intend to sell the house but I wont be able to buy another house a I only earn £10,000 a year and even with a £60,000 plus deposit would not be able to afford to buy a house big enough for me and our 2 children. I would love to stay in the house but cannot afford it on my own. I dont intend to ask him for maintenance as he wont be able to afford it either nor would he be able to afford mortgage payments as well as rent on a new place for himself.