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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33304
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband and I have been together for 11.5 (October 2002)

Customer Question

My husband and I have been together for 11.5 (October 2002) years and married for 8 of those years (31 Dec 205). We have a daughter who is 6.5yrs old.
We are currently discussing ending our marriage - there has been no adultery or abuse of any kind within the relationship.
I earn a stable income of £70k/yr + bonus of £5-10k/year (though this is not guarenteed). My husband is in sales and earnes between £32-42k/year.
My daughter is currently in private school and we are in agreement that we would like her to remain there for a further 4.5 years. the cost of schooling is £1500/month for ten months each year.
For the first 6 years of our relationship our earning was equal.
We purchased our first home in 2004 for £126K (1bed flat) with a deposit of £5k which I borrowed (bridging loan) in my name and repaid.
We sold that flat for a profit of £26K which we used to buy our current home (4 bed semi) for £249K. The house is now estimated to be work approx £265-270 with a mortgage of £196K.
In the event of divorce I am able to continue repayments and would like to remain in the home for the benefit and stability of our daughter. I would, within 12-14 months, like to buy my husband out of the property. How much, approx., is he entilted to? Is it ~50% of the equity (which I can afford to do) or is it ~50% of the equity + 50% of deposit and all payments made to date? Guidance seems unclear and whilst I understand there is no distinct law any info you can provide would be helpful for me.
Thank you.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What other assets are there including pension?
How will the child share her time between you?
Clare
Customer: replied 2 years ago.

Hi Clare,


 


We both have individual pensions. My husband has had his for 18 years (private pension fund) and I have had mine for 10 years (through my place of work).


 


We anticipate that we will share care for our daughter as much as possible. Approx 3days/wk (Sun-Tues when he is not working Sundays) with my husband and 4days/wk (Wed-Saturday (husband works Saturdays) and Sundays when he works).


 


We are in agreement that our daughter should have access to both of us as much as we can whilst maintaining stability and a sense of routine.


 


Thanks.

Expert:  Clare replied 2 years ago.
Hi
My apologies I should have been clear - what is the value of the other assets?
Clare
Customer: replied 2 years ago.

I'm not sure on the value of each individual pension, as it's early in the process I was unaware that this information would be needed.


 


There only other assets in the marriage are two cars (one each, both being paid for monthly with similar amounts of finance against each (£15k)) and one motorbike (£2000, no finance). We have little savings (£1500).


 


The house has standard contents though no overly expensive devices (electronics, teles etc.), sofas or furniture.


 


I hope this is more helpful.

Expert:  Clare replied 2 years ago.
Hi
An 11 year relationship a small child and the substantial difference in your incomes means that the starting point for division of the equity is 50/50 - and it is unlikely that a court would depart form this
Accordingly a figure in the region of £35,000 would be appropriate
There may also need to be a pension sharing order to balance the pensions if that is part of your agreement
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks for your advice. What would be the basis for additional payments to be made to my husband relating to the value of the home. He seems convinced that he would be entitled to a return on the payments made to date as well as the 50% of the deposit in order to fairly "set himself up" without me.


 


Our discussions at the moment are not argumentative or aggressive and we would like to work to keep it that way so any additional information you could provide would be greatly appreciated.


 


Thanks.

Expert:  Clare replied 2 years ago.
Hi
I am not sure on what basis your ex thinks this.
His "return" on the payments is his share of the equity - any extra would come instead of a Pension Sharing Order or in return for giving up any claim on any other assets or potential spouse maintenance (his claim would be slender at best)
Clare

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