The main problem you've got is that there is very little to divide between you.
It seems from what you've said that the only matrimonial asset is the house as you haven't mentioned any savings or pensions or the value of cars etc.
Your husband might be able to argue that as you only lived together in the house for 5 years out of the 9 that he has owned it, that only 5/9th of the equity should count as a matrimonial asset. But even if the whole of the equity counts as a matrimonial asset, it's still very little.
So worse case scenario - the assets are:
Equity in house 5/9 x £13,000 = £7,222
Plus value of your car less finance - say £1,000? (guessing). Your car can count as a matrimonial asset if needed for the family benefit
Matrimonial liabilites are loan of £8,000 as I gather it's a joint loan, so definitely counts, and car finance of £9,000 even if in your sole name, can still be a matrimonial liability if the asset is a matrimonial asset.
So NET matrimonial assets are £7,222 - £17,000 =
Even if the whole of the house equity is included, we then haveNET matrimonial assets are £13,000 - £17,000 =
I am guessing that your preferred scenario would be ot have the house and the nlortgage tranasferred into your sole name and for your to stay in the house with your daughter.
That suggests a division of assets as follows:
less: Car loan - £9,000
Less lump sum to your husband -£4,000
The joint loan - £8,000
Plus: lump sum from you £4,000
As your mortgage capacity is 3 x £32,000 = £96,000, and the current mortgage is £92,000, you can raise an addtional £4,000 to buy out your husband.
His mortgage capacity is £44,000 x 3 = £132,000 so he can rehouse himself once his name is XXXXX XXXXX mortgage and the deeds of the house.
The above is only one possible scenario of how the assets could divided between you.
Given how low the assets are, I would hope that the court would not accept an argument from your husband that not all of the £13,000 shouold be counted.
With regard to the nursery fees, they can be included as part of the calculation of child support.
Here's where to find out more about child support:
Once a divorce petition has been filed at court, either party can apply to court to ask the court to decide how the assets should be divided. The court starts from the position that the assets should be divided equally, and then looks at reasons why that should not happen eg one party has a significantly lower income than the other, and/or one perosn is to provide a home for any dependent child. Both of these apply to you - that's why I've done my caculation as I have.
But going to court is stressful, time-comsuing and expensive, so if you can reach agreement between yourselves, that's much better. So my best advoice to you is to negotiate, NEGOTIATE, N E G O T I A T E ! You can negotiate either between the two of you, or via solicitors' correspondence, or via mediation. Mediation is a round teh table discussion with a trained and neutral mediator. Here's where to find alocal family mediator:
If you can reach agreement. a solicitor can prepare a draft consent order for you both to sign (as long as a divorce petition has been filed at court by this point), and send to the court for the court's approval. Once approved by the court, a consent order is as binding as a court order made following ocntesetd proceedings.
Here's where to find a good specialist family law solicitor:
I hope this helps and I wish you the best of luck.
Thanks and best wishes...