Starting the divorce ,,,,,,,,,,,,

FBaby

I would offer 25% or 50% of what the house WAS worth when we split,,,, I'm not an unfair person!

We can't advise if this is fair or not as you haven't stated the most important fact, whether you've been paying the mortgage on your own or both contributing and if so how much, after he left and whether that was interest only or full repayment.

There's a big difference if he's continued to pay the mortgage 100% after he left (even 50%) of the full repayment, then if you paid it all yourself since he's left, in which case you might indeed have an argument that he should only be entitled to 50% up to when he stopped contributing towards it.

justme111

We know mortgage is interest only.
It has not been so long (October 2012) and I do not think who paid the mortgage in those couple of years would change much if it went via solicitors.

FBaby

But OP days the value has gone up quite a bit since. If he's paid the mortgage during that time even if interest only it seems fair that whatever share they agree of the equity should be from the current value not when he left the property.

justme111

I can see your point.
It is one of these situations where I do not think defined "fair" exists. Even if she paid mortgage herself for the last couple of years one could argue it was only possible due to the guy keeping his name on it which in turn might have severely impacted his ability to move on. One could argue in this time frame mortgage was interest only so as no capital has been paid by her and she benefited from living in property it is only fair they benefit equally from investment growth.
One can start splitting hairs further with looking into all kinds of things and quoting all type of buts. That's where lawyers come and get their fees.
The bottom line is op does not think it would be right if ex gets 50% whichever way you spin it , either by using old value or by saying "yep , sure , we should use present value but it is not going to be 50%."
Unless there are particularly unusual circumstances I do not think he will get those 50% through court. So it does not matter which valuations is used because the result is likely to be the same.

FBaby

Whereas I think that he would be in a good position to get 50% if he has continued to paid the mortgage. I think one point we will be agree on though is that OP will much better off trying to come up with a compromise with her ex rather than going the court route.

justme111

Have you followed jackRS's thread ? It was more like a blog that I followed with fascination. Divorce , non working wife , children about the same age as op's. They could not agree (well I do not think she intended to agree as she had a stance that she is entitled to be maintained even after divorce the same as she was before). After 2 years of courts, stress , solicitors, broken relationship with one of the children, about £15 grand lighter each the split was about 70/30 on house and pension plus maintenance payments for a couple of years.
There one of the parameters that seemed to have to be met was for a woman to be able to buy a house that was able to fit her and children. So if op's husband thinks he can do better than 75/25 he better think twice.

justme111

Another case - the guy that I knew : divorce , children about the same age , working but on lower pay wife. 80/20 split with pension untouched , a couple of years in the courts , broken relationship with one of the children.

loveasale

Hello all ! Sorry been on a training do with work today , so not been able to check in !
OK ,,,, just to explain , my ex pays maintainence for the kids , he hasn't paid any thing to maintain house, more the oppersit , he took the lawn mower one day when I was out !!
The mortgage has been interest only for years , as a mortgage advisor my ex said that is what everyone did! Who was I to argue as I wasn't a mortgage advisor

justme111

I think Fbaby was asking not about maintenance of the house but about mortgage.
In examples I given property divorce started on separation , as in your case it looks like ex been paying mortgage after separation they may find it a bit more in his favour than in those examples .
I am sure you will be able to negotiate and both will be reasonably happy with the outcome

loveasale

No he has not paid any of the mortgage since the day he left, just child maitaince , he worked out how much based on his wage and that is what he has paid.