What is he legally entitled to?

[DogsLoveMeCosImCrazySniffable]

Been separated from my H for over a year. Amicable and he is still invovled with our DD, taking her 2-3 nights a week. He stopped paying towards our joint mortgage in Sept last year. I have applied to get the mortgage in my own name which he is happy to go along with. Had the house valued last week and there is around £30,000 equity in it. He owes me a couple of thousand but otherwise wants his share of the equity. Is it simply split down the middle? Does having a child change anything in terms of splitting money within the house? Do I need to fork out for a lawyer? Have just been discussing things with him as we go along until now. Not sure if there is anything I need to be aware of about legal rights over money etc.

Thanks if anyone can help.

[olgaga]

Well presumably you're getting a divorce. You will need a solicitor. Your question should be "What am I entitled to?".

As you have a child, you will not be able to divorce unless you have formally agreed financial matters and arrangements for child residence/contact.

Find a family lawyer here:

www.resolution.org.uk/

Read up on your rights here:
www.adviceguide.org.uk/index/your_family/family_index_ew/ending_a_marriage.htm

Find out about maintenance here:
www.csacalculator.dsdni.gov.uk/calc.asp

Do you work? What are your housing options when the house is sold?

[nocake]

As everything is amicable at the moment I would try to make sure it stays that way. Take it from me that you really don't want a divorce that isn't amicable. It will cost you thousands and will be endless hassle. Having a solicitor send your H letters out of the blue is a good way to upset the amicable enviroment. But, you should get some advice on what you need to do and how to proceed so can I suggest you talk to a solicitor for advice but don't have him/her represent you.

[DogsLoveMeCosImCrazySniffable]

Thanks for replies.

I work full time. I do not intend to sell the house as it is ideal for work and childcare arrangements.

That's why I was interested in the equity since he wants his 'half' out and I am not selling the house. If I need to take a loan out to cover this I wanted to know exactly what he was entitled to from that point of view only.

He pays maintenance above what he would be expected to by CSA already.

I have never used a soliciter / lawyer before. Is there a standard fee for appointments/advice? I'm in Scotland btw.

[olgaga]

You need to read this:

www.scotland.gov.uk/Resource/Doc/113318/0027450.pdf

You definitely need a solicitor specialising in Scottish Family Law. Find one here:

www.familylawassociation.org/

[DogsLoveMeCosImCrazySniffable]

Thanks for the links olgaga.