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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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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I am currently separated and am in the process of selling

Resolved Question:

Hi I am currently separated and am in the process of selling the family home.My husband earns £90,000 plus bonuses and I work part time with 1 child earning £13600. we have around 200000 equity in the house and my husband is saying it would be a 50:50 split? is this right - I had 30 minutes legal advise and was lead to believe more like a 70:30 split?
Submitted: 1 year ago.
Category: Family Law
Expert:  Familylawexpert1 replied 1 year ago.
Unfortunately there is no right or wrong answer in a case like this, but generally when there is one child and you have a far lower income I would expect at least a 60:40 division and would argue for 70:30 as you have already been advised.

However, this all depends whether there are any other assets of the marriage too. For example, whether there are pensions, savings, investments etc as these would all need to be taken into account and included as matrimonial property. If your husband has a pension it will have a CETV (cash value) to it which could be a significant amount.

The priority would be ensuring your child is adequately housed. Another option would be for you to remain in the property with the child until a trigger event such as the child leaving full time education when the property could be sold and proceeds divided. However, this may not be affordable for you in the interim unless your husband were to pay towards the property, so you might prefer a clean break by selling it.

It may be worth you attending a mediation session to see if you can reach an agreement on the division and if this is unsuccessful think about commencing divorce proceedings so you can also apply to the court to assist on the division on the property.

Hope that helps
Customer: replied 1 year ago.

Would I still be entitled to maintenance monthly for my son? He seems to think one or the other? What would be the suitable percentage for this as he is on considerable more money than me?

Customer: replied 1 year ago.

Would I still be entitled to maintenance monthly for my son? He seems to think one or the other? What would be the suitable percentage for this as he is on considerable more money than me?

Customer: replied 1 year ago.
Relist: Incomplete answer.
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question and for originally asking for me.
I will do my best to help you
Child maintenance is entirely separate to the capital settlement and will be payable so long as the child spends more nights a year with your rather than your ex
The rate is 12% of his gross income - subject to deductions if he has the child more than 52 nights a year, or has other children in his household, or already pays maintenance for other children
You can read more here
http://www.nacsa.co.uk/index.php/cs3-calculations
The priority for the family court is the safe and secure housing of the child until the child is 18 - which means that the key question is how much does a two bedroom property in the same school area cost - because that will determine whether you remain in your current home - or what capital you receive if it is sold.
If you are willing to forgo spouse maintenance and a pension sharing order then a 70/30 split should indeed be achievable
Clare
You will receive enough to allow you to purchase a cheaper two bedroom property. The question will be whether you would then have to pay your ex a share of the equity when your child is 18 (or you co-habit)
Customer: replied 1 year ago.

Im sorry I don't understand what you mean by your last paragraph? So you are saying that a 70/30 split would mean forgoing maintenance for my son?

I am not clear as to what you mean as this contradicts your first bit which says its entirely separate?

Help .....

Expert:  Clare replied 1 year ago.
Hi
My apologies for not being clear.
We are talking about two different things.
child maintenance remains payable no matter what.
It is Spouse maintenance - his liability to maintain YOU that you can trade off for more capital
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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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