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PhxFlm

Divorce House Equity

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Evening all, I wanted some advice on equity in a house

For approx five years we split all bills/mortgage equally.

For the last five years I have paid 2/3 of all bills (inc mortgage) and my husband a third.

I also paid for our new kitchen, carpets, decorating, all white goods and much of the furniture.

 

Since we are now separated and he wishes to buy me out the house, do I have a greater claim than 50% of the equity since his expectation is that I will leave all furniture, goods etc with him (as well as obviously having paid more).

I also paid for half his car.

I haven't decided what to ask for specifically yet, I would just like to know my options.

We have a small second house that I purchased for my disabled daughter and I used all of an inheritance on.

The remaining £30k to buy this was raised as a small remortgage on our main property.

 

I believe that this would mean he is entitled to some of this £30k and am willing to offset it against the money owed from the sale of the main property.

 

Obviously I do not wish to sell this house as my daughter still lives there and I entirely support her financially myself.

I have proposed we leave each others pensions and savings alone (they are roughly equal). 

Is there anything obviously wrong about my thinking here?

I am hopeful we can sort this out between ourselves or via a mediation service.

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Posted (edited)

The equity split is not calculated purely on how much capital you contributed to the household but circumstances at the time. For example, you mentioned that for the last five years you have paid two thirds of all bills/mortgage and your husband a third. What was he doing during that period, was he looking after your children mostly or looking after your house doing housework etc? They are factors which will be considered.

 

If you can agree on how any equity is split, you can sign a consent order. If you cannot agree, a judge will decide on what proportion you receive and a financial order will be made. Either way, you will need to speak to a family solicitor as any agreement made through mediation will not be legally binding without a consent order.

 

Edited by Will Goodfellow

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He was also working full time.  We have no children under 18.

 

Thanks for the information about the consent order.

 

It is my intention to be as generous as I can without damaging my own finances.  I have spent approx £30k on house improvements over the last 3 years as well as paying for all luxury goods holiday etc.  Obviously I feel a little foolish now with the state of our marriage, but would just like to be able to move past things as soon as possible and restore my own independent life. 

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