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Sadly I am back, happily I am amongst friends.
I have recently completed and exchanged Form E, I did it all myself and her solicitor has picked up on a few errors but essentially I got it right.
Hers does have some holes perhaps more than mine.
The biggest thing for me is what she wants , which is a 60/40 split of our house based on a valuation taken now and not on the price the house sells for. Also that she deducts what she pays towards the mortgage from the equity. If I am correct that could mean that I would get nothing if she stays in the property long enough and continues to pay the mortgage.
I agreed to her getting 3 valuations and she said that only 2 of the three had been sent out and in the form e she only included one valuation. The valuation stated that house prices are continuing to fall which I was surprised to hear.
I get the feeling that she is not being straight with me.
So some reassurance needed, is what she is asking for a complete rip off?
She is also going for a portion of my pension which i don't object to.
Were you married the whole time you were building up a pension, and was she working at the same time and have her own pension? I'd certainly consider arguing about the pension to some extent if she has her own - but only about the amount, not about the fact that she gets some of it.
With regards to the mortgage and equity, it seems she wants it both ways, and I'd certainly object to that. IMO, the split should be based on the valuation of the house at present and assuming you are still contributing to the mortgage until it sells, then you should also take a share in any increase or decrease from now based on the proportion of your respective contributions.
Thanks, the pension bit I can argue yes. I am not contributing to the mortgage now so I am not sure what happens there. I think it should be that her ccontributions should be taken off the equity and then the remainder is split.
What happens next? We have done a voluntary exchange of form e so it is not going to court.
Should I sit and wait to see what she wants?
Long time since I've been through the divorce process, so can't advise on what happens next.
In a way, she has a point then if you aren't contributing, and a fair calculation becomes rather trickier. Is the house is gaining in value at a rate greater than the mortgage payments - if so, then her contributions are paying towards the increased profit and it's probably fair that she gets the benefit of this, and it shouldn't affect the value of your equity - but there has to be a reasonable time frame for the house to be sold, or for her to buy your equity from you,
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