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Hello, my name is***** am here to assist if I can. What was the question that you would like a more detailed response to?
Thanks for your clarification. I take it that you are not yet divorced, despite separation some time ago, in that case?
OK, this may seem like a strange quesiton but what does your wife hope to gain y forcing the sale if she cannot afford a mortgage in her own right and you are both adequately provided for under the current arrangement? Do you know why she wants the sale to go ahead?
OK. And so the money would allow her to do this? Would it not then allow you to do the same?
I was just trying to understand the bigger picture, apologies for all of the questions! A mesher order may be granted, if applied for, but there is no guarantee and the case was about providing for the primary carer (I appreciate you have shared care but your wife is still the parent with the majority of the care). It is theoretically possible though. Do you have a divorce solicitor? If so, what is their view?
This is a matter for your divorce solicitor to handle for you, as it is part of the divorce. Everything you say in defence of your position is reasonable, in my view.
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I think that you wanted to ensure the property wasn't sold until your child turns 18, and this is an agreement to do that. Do the logistical arrangements work for you? What is the reasoning behind the 70/30 arrangement in 5 years time?
OK, so I am just trying to get this absolutely right, is the proposal for a 50/50 split in the equity or a 70/30 split in the equity, and is the plan for you to remain there until it is sold upon your child reaching 18? Sorry to be pedantic, it's just I want to be very clear on what your proposal is!
The outcome can always be better/ worse, if a judge has to make the decision on your behalf. The question is, what position does her offer put you in? Would you be in a position to buy her out in 5 years time? Obviously a potential rise in property prices may mean there is a) more equity to play with (also bearing in mind 5 more years of the mortgage will have been paid off) but b) that if the agreement is for 70% to her, you would have to pay more. As you are paying the mortgage for the next 5 years, why not counter with 60/40 or 50/50 as you originally intended?
I can't advise if it's fair, as only you know whether you can make that deal work. If it enables you to remain where you are and walk away at the end with enough to set yourself up again, with minimal disruption to your daughter, then perhaps these are the considerations you should be thinking about. There's also the caveat that circumstances can change, and an agreement that you make at this stage may not be the appropriate one in five years time, as who can realistically predict exactly where they will be in five years. It's ultimately your decision, and if it feels right, then accept it. If not, you have to contest.
My pleasure. Best wishes, Peter