What percentage equity split is fair in my situation please?

[MyOtherNameIsBetter]

DH has left after 6 years of marriage. We have a 5yo DS and another due in Spring. We are very amicable. The house is in joint names and I want to do an equity buyout.

I will pay all household bills. He will pay 20% child maintenance. We have similar earnings/pensions. What is a fair equity split in this situation? I really don't want to go to a solicitor for advice over this and certainly do not want to be greedy.

Also I don't actually need anything like a separation agreement do I? I can just sort my conveyancing, then 2 years down the line he can start the divorce.

[MyOtherNameIsBetter]

I could really do with some advice on this please or where to go to find this sort of information? Thanks

[IndianOcean]

I think that if the children are resident with you you would normally get 60% or 70% of the equity.

You will need a solicitor for the divorce anyway, it doesn't have to add anything adversarial , and they will suggest that you come to agreement with a mediator - amicable agreement. It would be best to do this through a solicitor now and then you won't have to prove separation for 2 years, the solictor will know from now!

You really should seek legal advice now. And in any case you can't 'buy' a house from your H. You will still be married, and in a marriage it still belongs to the partners in the marriage. Get professional advice and get a legal separation before proceeding with the conveyancing.

[catsrus]

You may want to go for a clean break - possibly you get more equity he doesn't have to pay any maintenance. If he remarries then he might become less amicable wrt maintenance, and you might not want to be dependent on him in any way in the future. By using solicitors you will be made aware of any hidden pitfalls in what you decide. Assets transferred between spouses as part of a legal divorce settlement can be treated differently for tax purposes than if they were just transferred amicably between the two of you - timing is crucial (Capital gains on property etc). Worth paying solicitors to get the right advice. I let mine deal with the lot and my final bill was around £3k, my friend had a deal with hers that my friend would deal with most of the letter writing to shitty lawyer that ex had hired and her solicitor would only do the bits she couldn't do.

We didn't have to go to court.