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Hi
Been going to mediation meetings with my estranged wife and it's coming down to the finances, my ex has been meeting with me outside of the mediation discussing the finances and she is trying to work it in her favour where I am to walk away from my share of the jointly owned house.
She is also stating that the unresolved financial situation is impacting on my sons' student loan application. Need to know if that is the case.
I have approached a solicitor and had a couple of meetings without incurring any fees yet, but I have an appointment with the solicitor a week after the next mediation meeting and am looking for some advise.
Is there a set ratio for dividing the family assets/money? My ex said that it would be 50/50 of my pension and any assets/money in my name. In my last meeting with the solicitor, the suggested ratio was 66/33 in my favour. I don't know if the solicitor had taken into consideration that my ex has had her boyfriend unofficially living with her and the kids in the house since I left it. My ex insists that her boyfriend isn't officially living there as he is paying rent on a place. I think my ex is playing the system to get what she wants as I know that her boyfriend is staying in the house 95% of the time.
Is there any relevance to the financial settlement of the divorce if the boyfriend has been living in the house for 8 months?
When I was asked to leave the house,, the ex had said that the boyfriend had offered to buy me out but it seems his finances are tied up at the moment. I am willing to wait a couple of years for them to buy me out, but I am unwilling to walk away from my share of the equilty in the house as I wish have it for the children and/or purchase a place so the kids can have a second home, which can be sold later to give to the kids.
Thanks in advance,
Moving On
Hi
There is no set ratio as every case is different - why does your solicitor think 66% in your favour - did you own the house before you met your ex? Again with pensions, it depends on how much you accrued before you met her and how much since, and whether she was not working to look after the children (so couldn't build up her own pension). The court will also want to make sure that the children have a roof over their heads, so don't go in determined to get a share of the house at all costs - if your ex can't buy you out, then ask your solicitor whether you can maintain an interest in the house (but not paying the mortgage) - eg your share of the equity at present linked to the house price inflation to be realised when the house is sold or when your youngest reaches 20 or leaves home if sooner.
Once thing to consider is that the more you fight about the equity, the higher will be your solicitors costs - it may be worth giving up a bit more than your share in order to keep your costs down - you may come out with exactly the same amount, but it looks as though you are more prepared to compromise than your ex is.
Thanks actd,
About to go to what might be the last mediation meeting as I had conferred with my solicitor and the rational for 1/3 of my assests excluding the house, as the accounts are solely in my name. Where the house is in joint names, the split is more 60/40 for my ex.
There is some room for negotiating say up to 40%, and the ex's debt is solely in her name. BTW the debt is with the government.
The ex is threatening to ask for spouse support, if I don't agree with her demands to walk away from the house. I don't believe she would get much or any as her boyfriend is living in the house and claiming not to live there by paying for a place he doesn't occupy. If I give in to her demands it just seems like the same old story of our relationship where she badgers me/bully's me till she wins.
Let you know how I get on.
Moving On
Hi
Nearing the end of mediation, the fun part finances.
Looking for some advice regarding my ex's debt which is now with the HMRC, how is this debt treated in the courts.
I want to do the right thing through mediation but the ex wants me to take on 50% of the debt.
Thanks in advance,
Moving On
Not sure how the debt would be treated - I suppose it depends on how it came about, and assuming it's for unpaid taxes or similar, a reasonable question might be did you and your children benefit from any income that the debt relates to? Based on the answer to that, you may consider it worth paying a proportion of the debt , with the proportion depending on how much that benefit was.
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