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Divorce/separation

Negotiating a financial settlement

2 replies

bertiebassett · 14/10/2012 13:20

So....another question (I've posted a few times before)...

STBXH earns £45k and I earn £35k. If we sell house and pay off mortgage and joint loan (our only debts) we will be left with around £50k equity.

I'd like to try and get him to agree to a split so we don't have to go to court. My solicitor has said that because I earn less and will be resident parent to our DS, I should get more of the share of the equity....but what should I suggest?

If Its all down to us being 'housed' appropriately should I look at each of our abilities to get a mortgage? Because if (for example) we each get 4x our salary then STBXH could get a mortgage for £180k whereas mine would only be £140k. Therefore wouldn't I be entitled to most of the equity? Or is there another way of working it out?

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Collaborate · 15/10/2012 12:11

The difference in salaries doesn't amount to much. You have no spouse maintenance claim.

Usually a court will think that the financial opbligation of paying CSA makes up for your future contribution of looking after the children.

Only you know what mortgage you could get, and what house you could buy if you get a half share.

As you are instructing a solicitor you should be guided by them more than by anyone on this messageboard.

Also it's a good idea to keep posts to do with your case on one thread.

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bertiebassett · 15/10/2012 21:27

Thanks very much for the advice collaborate....and your comment about the thread noted!

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