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Fair financial split?

  • Freshstart2017
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11 Feb 17 #488746 by Freshstart2017
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Hi, just started down this road and would welcome some advice.

Stbx and I are trying to agree a financial split. His solicitor has offered £320k equity and £90k pension to me, he keeps £120k equity and rest of pension. Maintenance of £1000 pm until youngest is 18. Situation:

Married 24 yrs
H: 53 W 50
3 children 19, 18 and 14. Eldest both at uni but needing somewhere to live in holidays. Youngest at home. All with W in FMH.
Both work full time: H earns £4500 pm, W £2500 pm
Assets: equity in fmh: £440
Pensions: H £450k CETV W: £95k CETV

Calculator gives 70/30 split to W. Does that apply to pension split too? Or if we split FMH equity 70/30 in W's benefit, does H keep more of the pension share?

I am going to struggle to buy property to house me and kids with 70% equity and largest mortgage I can get (live in N London) Legally I'm only entitled to 2 bed property as 2 kids are adults.

Any views on a fair split? Should I accept his offer? Ideally I'd like more of the equity but I don't seem to have a strong case.

  • WYSPECIAL
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11 Feb 17 #488747 by WYSPECIAL
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I wouldn't pay much attention to the calculator.

Starting point is 50/50.

with the suggestion you have received it is weighted very slightly in your favour at 51/49


Your getting £320k equity plus £185k pension a total of £505k.

He is getting £120k equity plus £360k pension a total of £480k.

But £1000 per month is way in excess of what child maintenance would be at CMS rates.

Is FMH being sold?

If so how much will a 2 bed house cost near you?

Work out how much mortgage you could each get on your incomes, with this how much equity would you each need to get a 2 bed house?

Would your ex agree to letting you have more equity and keeping the pension?

Are there any other assets?

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12 Feb 17 #488760 by Freshstart2017
Reply from Freshstart2017
Thanks for the advice.

Yes, FMH is on the market.
The equity I've been offered would buy a 2 bed house. But I need to house myself and 3 children for several more years. Just don't see how I can do this in 2 bed house.

I think the higher maintenance offer reflects costs of 3 children., as none have any income beyond babysitting and holiday jobs.

I can borrow up to £80k. 3 bed houses start at £400 so I might find a tiny one. Ex can borrow £300k + so could easily afford a nice 2 bed house, although he plans to move out of area. Children don't stay over with him. He wants as much equity as possible.

No other assets.

Thanks.

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12 Feb 17 #488761 by WYSPECIAL
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Would the extra maintenance be written up as spousal maintenance?

CM is only due for the 14 year old so could be changed after 12 months by applying to CMS.

How big is mortgage on FMH. Could you afford to pay it out of your own resources for a few years?

Would he perhaps agree to delaying the sale of the FMH until youngest is 18?

To offset it he keeps all his pension and no SM?

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12 Feb 17 #488776 by Freshstart2017
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Don't know how extra maintenance would be badged...will ask. We don't plan to involve cms as both happy with amount.

I would love to delay sale of FMH but he won't. He wants a Clean Break and his equity now.

My solicitor suggests I argue for 70/30 split of assets to compensate for my lower earning potential, with monthly maintenance tapering off to nothing as children leave education. I gave up work to raise family hence smaller salary and pension. But I don't want to get into offers and counter offers via solicitors as mine is charging me for each letter. I just want to understand what is "fair" in these circumstances. Then we can try to agree a solution directly. Thanks.

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12 Feb 17 #488777 by WYSPECIAL
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He may be more than happy to pay £1000 CM now.

But in a couple of years when he is in a new relationship and realises that by going to the CMS he can get it halved he may be tempted to do so.

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12 Feb 17 #488778 by Freshstart2017
Reply from Freshstart2017
Don't know how extra maintenance would be badged...will ask. We don't plan to involve cms as both happy with amount.

I would love to delay sale of FMH but he won't. He wants a clean break and his equity now.

My solicitor suggests I argue for 70/30 split of assets to compensate for my lower earning potential, with monthly maintenance tapering off to nothing as children leave education. I gave up work to raise family hence smaller salary and pension. But I don't want to get into offers and counter offers via solicitors as mine is charging me for each letter. I just want to understand what is "fair" in these circumstances. Then we can try to agree a solution directly. Thanks.

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