divorce + financial settlement - what would you do?

(2 Posts)
awana Mon 06-May-13 13:40:14

Would like some advice - hope you can help!

Have separated from my husband for last 7 months since he was physically abusive. Since then, we have done mediation for contact with DS, and it is ok.

Our relationship is mainly procedural now, although he does take the mickey coming round to the house and staying for ges, being late for collection and return of DS, messing around with payments. However, he has been ok (not great) with helping to manage our BTL assets.

We're now going to mediate on financial issues, and I would like a divorce, but I would also like to hold onto the BTL property that we bought together.

My IFA advised me to split around 50/50 as amicably as poss and try to hold onto our assets, by transferring them to my name, but keeping both of us on the mortgage. Problem is that I can not work as I'm disabled, and wouldn't be able to get a mortgage in my name only.

On the other hand my solicitor has suggested that I go for 70% and try to pay off my mortgage through selling the other assets.

In the long term I think it would be better to hold onto the assets if possible as if I can't ever work again it would provide some sort of ongoing income, and also a pot of money if I decide to sell.

However, I'm worried about ex-H messing around with the assets as a way to get to me.

Any advice or thoughts? What you would do?

Lonecatwithkitten Mon 06-May-13 15:56:39

I am on the other side of the coin ExH is keeping the BTL assets as a result of our divorce. I want my name off those mortgages and my solicitor has said this is what should happen. In my case the lump sum that I am due to pay ExH is dependant on my name no longer being on those mortgages.
Look at it from your Ex's point of view if you default on these mortgages (I'm not saying you will) they will come after him even though he has not had the benefit of the income.
Having had both an IFA and a solicitor advise me and then done my own research I would say the IFA tells you the way to maintain your greatest asset value whereas the solicitor tells you the mostly likely way a financial consent order will be accepted by the court.
Plus if he was physically abusive do you want to leave any door open that he could use to get at you. A clean break agreement should be just that.

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