House split in divorce

Loubella

Would appreciate some advice. Have house with moderate amount of equity in joint names. Have been through mediation and agreed 60:40 split in my favour. Now ex is pushing for higher share and threatening to force sale which would mean we move out of catchment area for school so my 5yo and 3yo would end up in different schools.

Bit of background: been together 14 years. I have supported him through 4 years of unemployment and many years of significantly lower income - if you just take into account his unemployment and my inheritance from my father, assuming equal contributions when he was working (and this was not the case) then I have contributed 85% to current property. I initiated separation due to history of domestic abuse (mainly psychological) which was starting to turn onto kids. He is now earning higher wage than me. Is contributing maintenance fairly at present but no longer contributing to mortgage payments. I have sole residency of both kids.

Questions:
1. Is he entitled to 50% share? I felt 40% was being generous.
2. Can he force me to sell?
3. Is his share ongoing even though he's no longer contributing to mortgage or is the calculation based on equity when he stopped paying?

Thanks

jaylee3

The house renting and buying board would be better for this kind of query. But I would think that you 'supporting him when he was not bringing much income in' is not much of a reason to say 'you don't deserve xxx.' You chose to support him then!

That's like some guy supporting his partner willingly for say 10 years while she earns little because she has a low paid job or is a self employed artist or writer etc, and then throwing it in her face at a later date, and saying 'well *I* paid more in, so you don't get as much as me out of it.' It's wrong IMO.

I personally think he should be entitled to 50%, but as you weren't married, I am not sure where the law stands.

As I said, you will get better advice on the house renting and buying board.

surfsister

has he met somebody else? sure recipe for more money grabbing?

best to ask your solicitor I would have thought. Bear in mind that pensions are taken into account now too.

Pollycat

Have you got something from the courts that documents that 60%/40% split (maybe a consent order)?

Can you afford to buy him out?

A friend of mine was told (by her solicitor) that the house would have to be put up for sale if she couldn't afford to buy him out (she couldn't).
She also had 2 kids that live mainly with her.

When the house was sold, the equity after repayment of the mortgage was split according to the court agreement.

Apparently, if he'd wanted to contest the agreed split, he would have had to go back to court - at his expense, not hers - and ask for it to be revised. No guarantee that it would have been.

Given what you say here:

Loubella wrote: »

I have supported him through 4 years of unemployment and many years of significantly lower income - if you just take into account his unemployment and my inheritance from my father, assuming equal contributions when he was working (and this was not the case) then I have contributed 85% to current property. I initiated separation due to history of domestic abuse (mainly psychological) which was starting to turn onto kids. He is now earning higher wage than me. Is contributing maintenance fairly at present but no longer contributing to mortgage payments. I have sole residency of both kids.

why didn't you push for a higher percentage during mediation?

Loubella wrote: »

Questions:
1. Is he entitled to 50% share? I felt 40% was being generous.
2. Can he force me to sell?
3. Is his share ongoing even though he's no longer contributing to mortgage or is the calculation based on equity when he stopped paying?

Thanks

My friend paid the monthly mortgage in full herself and the amounts she paid dating from the split to the sale of the house were not taken into account when the equity was split i.e. it was 'dead' money as far as she was concerned.

What legal advice have you had?

sue_sue_2

Hiya,

I am in a similar situation however my kids are older so slightly different.

A friend of mine once mentioned that you can register matrimonial home rights at the land registry, she only mentioned it briefly so I don't exactly know what it means or if it is fitting for your situation but maybe something you could look into.

sue

FBaby

I was informed when I was in this situation that although judges look sympathetically towards those with residence of children, if you work and could afford a mortgage for an adequate home with the equity of the property, then they might very well consider the sale of the house.

I am assuming that you were never married. In this case, it will very much depends on all the details. He could consider that your partner participated in the household in a non financial way. Did he ever stay home and looked after the children? I think you would have a very good chance that the inheritance part would be protected, but the rest might be more difficult to make a case for.

Land_Registry

sue_sue wrote: »

Hiya,

I am in a similar situation however my kids are older so slightly different.

A friend of mine once mentioned that you can register matrimonial home rights at the land registry, she only mentioned it briefly so I don't exactly know what it means or if it is fitting for your situation but maybe something you could look into.

sue

If you are already registered as a joint owner this would not apply here but if the property is in your sole spouse's name then it would be something to consider. Our online guidance explains the process