Divorce settlement?? Advice please

Ohheck

Background !

I owned property previous to relationshi!p with stbxh, he moved in approx 18month!s later, no assets lived with mum

Ex S/E taxi driver – no accounts !

I moved house approx 10 years later 2006! mortgage/house based on my income and! in my sole name equity went into house !purchase and doing it up.

Married year later 2007!

Had daughter 2009 !

Reduced my hours to part time !

Tried to get ex to go to counselling but! wouldn’t 18 months later split up

He moved to his mums house, has overnigh!t care of daughter 2 nights and every ot!her weekend

(only recently found out she shares bed !with gran and teenage boy in separate be!d in same room, this has now changed sin!ce finding out to teenage boy sleeping d!ownstairs when I was going to restrict t!o day time only access )

He is not tied to property and is earni!ng well enough to afford to rent somewhe!re suitable for them both, priorities se!em to be holidays instead.

Child maintaince was verbally agreed a!nd was paid at this rate 5-6months unti!l 11 months ago then halfed due to him s!tating unable to afford it.

House valued approx. 85k mort o/s £53k!

Debts at time of separation were approx !£4k now £6k (credit cards and catalogue !)

Credit problems are preventing remortgag!e or further loans

Currently waiting for absolute after fin!ances agreed


Looking into Financial settlements now !

I have managed to save £2k and expecting! to receive a claim of £1800 so have off!ered him this as a settlement £3k he ask!ed for 10K

No way can I afford or raise this figure!, we have a mediation meeting next week !and I will have to provide all my financ!es and bank statements and obviously he !will too but showing exactly what he wan!ts them to see.

I have recently temporary increased my h!rs in work doing overtime but this is no!t permeant and has now took me out of re!ceiving legal aid for mediation

I receive tax credits but if I can conti!nue overtime this will obviously reduce !or be nil next year.

He has rejected my offer and said not en!ough, I will provide all the evidence a!t mediation.

I am not prepared to struggle to pay mor!tgage and maintance of property for him !to get a % of the equity in 14 years aft!er not paying anything when I had the pr!operty before him


All along he has wanted to go to court n!ot realising that he will have to show f!inances , if he carrys on rejecting this! offer and I cannot increase it where do! I stand can I take him to court for a c!lean break settlement

How much would court likely to be ?!

Will I be forced to sell ? postpone unt!il daughter finishes school (12yrs away!)?

Is the valuation at the time of the spli!t or when daughter finishes school or I! move ?

Should the reduction in cm payments be t!aken into account ?



Thanks in advance …I’m just worried !

pinkshoes

What percentage equity did you have in the property when he moved in?

He will be entitled to SOME equity, as you were married and he contributed to the relationship. Maybe not finanically, but I imagine in other ways?? By living with you he was therefore unable to buy himself a property.

You need to take legal advice.

swingaloo

If I am understanding what you have written then he has your daughter 6 nights out of every 14 therefore that will have an impact on the amount of maintenance he pays.


As far as the house goes you need really good legal advice before agreeing anything. Everything should be considered, the equity in the house, pensions etc. As Pinkshoes said he is entitled to something from the house. You say you changed to part time hours so he must have been contributing to the family expenses.