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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Advice Please

  • Zero
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29 May 23 #521159 by Zero
Topic started by Zero
Met June 2008
Husband was in rented accommodation.
Husband moves into wifes property the end of 2008. (Now B2L No 2)
Wife had her name on the deeds and had Approx. £85K on mortgage, purchased in 2000 for £76K
Married in Nov 2011.
Daughter born in November 2012
2016 renovated B2L No1, Cost £38K, wife is the sole owner with her name on the deeds. (Wife had this before marriage)
2016, Bridge loan £40k took out to pay for renovations and tax owed, savings used to pay for the remainder.
2017 paided HMRC £24K through let property campaign for tax owed B2L No 1. (Wife purchased property 30 years ago)
2017, B2L No 1, int-only mortgage, £189K, wife 100% mortgage
2017, B2L No 2 int-only mortgage, £139K, wife 75%, husband 25%
2017, repayment mortgage taken out family home (bought for £460K), £270Kmortgage both 50/50
2017 Deed of trust, B2L No 2, wife 75%, husband 25%
2017 Deed of trust, family home wife to receive £225K on sale. Equity split 50/50.
March 2022, husband moved to rented accommodation, £750/month
Husband and wife salary £50K, with a few thousand of each other and pensions pots of similar value.
Property evaluations
Family home £600-£700K
B2L No 2 £300-£350K
B2L No 1 £360k (2022) About to start divorce proceedings and both agreed amicable process, but upon the first meeting to discuss finances STBX has sought legal advise. The outcome of STBX’s offer is 7% which does not include the £225K DoT, nor is B2L No 1 taken into account.STBX if looking to claim back the following, with aim to buy out husband from family home, then move once daughter secures place in school.Family home selling fees which I believe is a notional cost, £18KStamp duty when family home was purchased. £28KAll renovation costs approx £50KOn the B2L no 2, I am being asked to repay all costs since 2017 for the following, financial advisor, rental management fees, insurance.Within the costs are the renovation costs 38K, for B2L no 1 and the HMRC £24K.I am also being asked to repay the monthly rental since March 2022.This all seems rather excessive and unfair, as my counter offer was to exclude B2L no1 from the deal (solely theirs), to ensure there was an income to support our daughter.Before I seek legal advise would someone be kind enough to give me some guidance.

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30 May 23 #521166 by hadenoughnow
Reply from hadenoughnow
Do you share care of your daughter?
Does your ex have an income beyond the rental income?

Capital division on divorce is based on needs. If there is one child to consider, you each need a 2 bed property to live in.

Once you've sorted out how that may be achieved from the available equity you can look at the rest. What are the outstanding mortgages?

I don't understand about having to repay costs. This would make more sense if there was a joint debt ie the costs were not settled. If they've already been paid from matrimonial funds I don't understand how you could be asked to pay them again.

Whether or not property is treated as non matrimonial will depend on how it has been treated during the marriage as well as who bought it and when. Deeds of Trust can be overturned by the court, especially where needs are required to be met. It would appear that BTL 1 could well be treated as non matrimonial.

Hadenoughnow

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30 May 23 #521170 by Zero
Reply from Zero
Thank you for the kind reply.

We both share care of our daughter, and STBX does work full time.

I dont understand the costs myself and they weren't explained to me when STBX handed it over, as much research I have done Im unable to see why this should be so. All costs for both BTL's were paid from patrimonial funds.

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05 Jun 23 #521204 by hadenoughnow
Reply from hadenoughnow
Deeds of Trust can be overturned by the court on a needs basis.
Settlement would be based on net capital. If costs have been paid from matrimonial funds they are now owed. If funds have been borrowed, they are joint debts to be repaid from equity on sale of property.
It may be worth you seeking legal advice. You could use the fixed price legal financial consultation offered by this site.

Hadenoughnow

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07 Jun 23 #521219 by Zero
Reply from Zero
Hadenoughnow, Thank you for you helpful comments, and shall be following your advice.

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