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

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  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    the start point is a 50/50 split of *all* assets - it is not just the house, you also ned to lok at what other assets such as any savings or pensions which either of you have are worth.

    The 50/50 can then be adjusted to tkae into accoutn differences in your needs and resources. Things like
    - do the two of you now both earn around the same amount, or does one of you earn more?
    - can either or both of you expect to increase your earnings in the future?
    - what would you each be able to borrow by way of mortgage, and what would you each ned to be able to buy a property?

    If he earns more than you (assuming you both work full time) it may be fair for you to have more than half the equity.
    If he has pensions, and you don't, and the over all deal is that he kep those, then it may be fair for you to have a larger share of the equity to balance out the pnesions he keeps.

    Step one is for you both to provide full disclosure of your current financial positions, then you can start to talk about how the assets should be divided up.

    Do bear in mind tht you have had the benefit of living in the family home while you've been separated, and that the cost of doing so is probably a lot less than you would have had to pay, had you sold the house and bought one in your sole name, or if you had rented, from 2012.

    Assets are valued at the date of any order, not at the date of spearation,so it is the current value of the house, not what it was worth when he let, which is relevant. If you have made any capital investments or significant improvements to the hosue since 2012 then it may be fair to take those into account.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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