Divorce 60 / 40 split

loveasale

Me and OH are divorced I still live in home and now kids are older we are going to sell ,
He is offering me 60% , I've paid mortgage in full for 5 years since parting,
No real pensions or savings either side to speak off ,
Feel a bit miffed at offer but just want some advice
Thanks

caprikid1

How long were you together ? What is the value of the estate.


50/50 is the normal starting point, what Pension does he have ?

jamiehelsinki

Did your husband need to pay rent elsewhere while you paid the mortgage?

Did you benefit from technically an interest free loan as your husband had equity tied up in the house for 5 years?

Unless he earns a much bigger salary with the children grown up a court would look at 50/50 to start with

FBaby

60/40 could be very fair or very unfair.

If you've been married for 30 years, he has paid the mortgage for 25 years and you've only paid it for 5, and the equity in the house is £500K, then it's not so unfair.

If you've been married for 20 years, but only bought the house 7 years ago, and you've paid the full mortgage for the last 5 and the equity is £50K, then clearly it isn't fair.

Comms69

You used ex husbands credit to live on, what is the complaint about? I'd say 50/50 is the fairest

Ozzuk

Too many variables, for short marriages (which I've seen defined as anything from 0-10 years) its often split along more complex lines, who paid what deposit, did he work on the house/pay for improvements, earnings, pension etc. trying to return you as far as possible to the position you were in before marriage.

With a 'long' marriage it tends to be as others have stated, 50/50 and go from there. If he has a greater earning potential perhaps a split more in your favour, particularly if your career 'suffered' if you were mainly raising the kids.

lika_86

Doesn't sound too bad at first blush to me.

ETA: From previous posts it seems your mortgage has been interest only at least in recent years, so the fact you've been paying it for the past five years doesn't add much to your argument for more in a split.

FBaby

Oh yes, and depends if you've actually been paying the capital indeed!

loveasale

Was together 20 years
I gave up a (better pay than his ) career to bring up kids , but always worked
Kids work but only on low contacted hours
We did big remortgage for him to re train in new career , and earn better ,
He lives with mum and dad so pays no rent , has girlfriend but waiting for her own divorce to go through ( she wasn't reason for our parting )
He is younger than me
Have seen solicitor,, they have told me that I can much more ,,,,,,,,, but they are going to say anything ,,,,I would if I earnt £275 per hour !!!!!!

lika_86

loveasale wrote: »

Have seen solicitor,, they have told me that I can much more ,,,,,,,,, but they are going to say anything ,,,,I would if I earnt £275 per hour !!!!!!

You do know that the actual solicitor doesn't earn that, right?

loveasale

No I suppose not ,, mine quoted £350 per hour, but I was being fair / middle of the road ,,,,,