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Financial settlement advice please

  • Mickymoo
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05 Nov 16 #485435 by Mickymoo
Topic started by Mickymoo
Hi guys,
I'm looking for an outsiders perspective on my divorce settlement.
I am in the FMH value average of three. 320k with 160k remaining over 19 years. Rbs mortgage of £970 per month repayment. 160k equity
Ex has moved into a house we formerly rented. Average value of three is 190k with 110k remaining over 18 years on a buy to let interest only 470 per month. 80k equity.
We have three children 15, 11 and 9 and it's so far an informal arrangement of 50/50. It works perfectly.
My in laws gave us 80k ten years ago and my ex is now saying it needs repaying.
Ex has an NHS pension CETV of 80k which had a epv value of 240k
Ex earns 36k per year and I earn 10,500k with working tax credits and child health benefit on top.
i would love to keep the house if possible. I am currently paying the mortgage and outgoings alone and the main thing for me is to keep things settled for the children.
I have used the Wikivorce calculator but would appreciate any real advice.
Thanks.

  • WYSPECIAL
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06 Nov 16 #485440 by WYSPECIAL
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First thought is the £80k from your in laws. Is there a formal agreement or any evidence that it was a loan? Have any repayments been made?

If not then it will be treated as a gift and your ex has no chance. It's amazing how often money gifted years ago suddenly needs repaying when a couple split up!

What is child health benefit?

  • Mickymoo
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06 Nov 16 #485442 by Mickymoo
Reply from Mickymoo
Thanks for your reply.
Child health benefit is child allowance of old. £48 per week.
There is no paperwork for for the 80k apart from some bank statements produced for the money transfer in 2006. There is no loan agreement or payments ever been made.

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06 Nov 16 #485443 by WYSPECIAL
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So it's a soft loan then aka gift. If your ex wants to pursue the line that it now needs to be repaid then judge will have heard it all before and not be interested.

Looks like there is £240 k of equity and a pension pot of £240k to split. Starting point is 50/50 but obviously you earn far less so can argue for more of the pot.

You don't say how old you all are but what are your pension plans if you have nothing yet?

Is your ex likely to want to keep more of their pension and give you more of the equity in exchange?

Your ex has far greater mortgage capacity than you.

Does either of you want to keep the BTL and income it generates?

  • Mickymoo
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06 Nov 16 #485445 by Mickymoo
Reply from Mickymoo
Hi, I am 44 and ex is 47. I have no pension and the btl was to be my pension. It was generating £750pm. Ex wants to stay in btl and I think remortgage in own name. We were married for 19 years.
At the moment my ex wants me to sell up. Pay back in laws from proceeds and leave pension alone!

  • FordCapri
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06 Nov 16 #485459 by FordCapri
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Had it been your parents making the loan / gift whatever, would you have expected them to be paid back?

Fortunately the only reasonable thing my ex has done upto now is to suggest we pay my parents back what they gave us to get started.

Unfortunately she wants the shirt off my back when it comes to the rest of it.

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