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Split of Property Equity after a Split

2

Comments

  • Floxxie
    Floxxie Posts: 2,853 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    I would head over to the wikivorce site if you are wanting a bit of legal direction. You will need to have details of all the marital assets and earnings etc., but they are pretty good at assisting (don't use the calculator or the recommended legal firm though!)

    As well as aiming for a fair split, you also need to get the agreement in writing and stamped by the courts, as a Consent Order.
    Mortgage start September 2015 £90000 MFiT #06
  • JustFair
    JustFair Posts: 13 Forumite
    She want to pay off fees and a joint loan. Then take the 23k and then split 65/30.
  • JustFair
    JustFair Posts: 13 Forumite
    A consent order for what Floxxie? The split?

    Sorry, not used to this. Obviously!
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    At which point did you actually marry? During the first - her- house, before you moved in to the joint one, or after that time?
  • JustFair
    JustFair Posts: 13 Forumite
    Married after we moved into our first house together. Her house was sold before that.

    Does that matter?
  • Floxxie
    Floxxie Posts: 2,853 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Everything you had as a married couple has to be fairly divided up. If you don't do it properly as part of a separation order or Consent Order (the document relating to the financial aspect of a divorce) then you are asking for trouble!

    The starting point is 50/50 divide of all assets (when you marry all pre-marriage assets become part of the pot to be divided) unless there are children, unequal earnings and other factors. (And if you are in Scotland, the law is completely different).

    I have spotted several lawyers on this site, but Wikivorce tends to have quite a few that can offer you a direction to take and the reasoning behind it.
    Mortgage start September 2015 £90000 MFiT #06
  • Floxxie
    Floxxie Posts: 2,853 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Mortgage start September 2015 £90000 MFiT #06
  • JustFair
    JustFair Posts: 13 Forumite
    Nope, not in scotland. Wikivorce is proving helpful, thank you so much.
  • JustFair
    JustFair Posts: 13 Forumite
    In addition to this i have proposed a counter offer of 66/34 in favour of her to help support my children more (they need it more than I do and I have a good job).

    Is £40k not enough to move in to rented accommodation any more? I still have to rent my house too!
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Who are the children going to be living with?

    The PWC usually gets a larger share to provide accommodation for the children.
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