I was with my ex partner for 7 years and then married for a further 6.
We lived together for all that time me moving in to a house she had recently bought.
The situation was that whilst she paid most of the bills including mortgage, my money was used to support our lifestyle, clothes, socialising, holidays, weekend breaks and some minor bills like phones etc
We moved home in 2014 and had a joint mortgage.
Last year we split and since then I have lived away from the marital home and have tried to get my ex to come to a settlement re the home.
I have some minor pensions and no savings . I should have took money out of my wages each month and paid into a savings account or pension but instead put all my earnings into being a couple and then a family.
My ex is now forcing me to taker her to court fro a settlement as she believes that I have no claim to any of the house as I was not on the mortgage on the previous home and only paid the mortgage on the joint mortgage whilst we were together.
Is she right...am I being unfair suggesting a 60/40 split in her favour . or should I be asking for nothing?
As you were on the joint mortgage then you are entitled to a share of the equity, a 60/40 split in her favour would probably be the best you could get, but would be a good starting point for discussions.
The issue with going to court is that it's going to cost you in legal fees ect.
You do stand a good chance of getting a percentage of the equity, but I would taking some legal advice before doing anything.
Nothing to ponder mate, its part of her negotiating to get what she wants,
You start off with offering a reasonable position and she starts with a very unreasonable one, when you finally meet somewhere between it still ends up being better off on her part this way. Its very conniving in my opinion. Court will cost an arm and a leg if you use solicitors, not so much if you do it yourself but it does up the anti a lot and forces people into corners, and less likely to be reasonable after.
keep us updated how you go on, My ex had suggested very similar to me back end of last year then has refused to co-operated on financials until child matters are concluded. I expect ours financials to start up very soon now.
Good luck with your case and I will keep you posted.
I will have to do it myself I am afraid as I can no longer afford to pay half the mortgage and CMS.
The thought and reality of having 000's of pounds in legal bills is just totally demoralising.
The longer this drags out the worse it will be for me.
10% is an insult, the minimum you should expect is 30% of the equity, I would go back with an offer of 35% next and keep at that level stating that if not accepted you will be willing to attend court and if you do you will be pushing for 40%,