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Hello, my name is*****
Although you refer to a 50/50 in fact in the majority of matters equity is not divided equally.
In order to offer guidance can you provide the following:
- How long have you been married,
- Did you live together before marriage and if so for how long,
- How old are you,
- Do you have children, if so how old are they and who will they live with,
- What are your incomes,
- Are there any other assets.
You could make a contributions based arguement being that you should receive the first £30k and the balance divided equally. That would be the case in a short marriage without children. However, yours was a medium length argument so that argument may not be so strong.
Alternatively though courts distribute equity on a 'needs' basis. Your needs are the same when it comes to housing however your husband will have a mortgage capacity whilst it is unlikely you will. Therefore on that basis you should receive more than 50%. How much is hard to say without more information but you should receive sufficient to meet your 'needs'.
So you should get more than 50% unless you have a greater earning capacity but just choose not to earn as much as you could.
Finally you say no children together do you have dependant children who will continue to live with you. If so then your 'needs' will be greater.
On the basis of your circumstances without doubt your 'needs' are far greater and you should receive more.
What is the equity in your house and how much do you think you would need to buy an alternative - if not more modest - property.
I believe you should be looking to get somewhere between 60 - 70%.
That is on the basis that there are no other significant assets.
Your husband has a greater earning capacity than you and that should be reflected.
I shall get back to you on that shortly.
There is no need for you to tell the mortgage company at this time and in any event will be done on your behalf.