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TOPIC: Family Home / Monies Split

Family Home / Monies Split 3 months 3 weeks ago #97034

  • Biker1
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Hi,

Just after some advice / opinions. My Ex and I split around 14 months ago. I moved out of the family home as it became unbearable and she was making it very hard and I did not want it to impact on the children. We were never married and cohabiting.

After about 3 months of me having my son Ex reduced contact from 8 nights a month down to two nights; the main reason behind this I believe is because I told her I could not afford to pay half his nursery fees, especially as she was not working. So we have been in court dealing with that side. The final hearding is coming up soon.

However we still have the home. We were going through the process of purchasing the house just before she fell pregnant. We both signed a TR1 form showing the deposits we put in and then we would split the profits 50/50 after we got our original deposits back. My deposit was around 75k more than hers.

We are now in the position that she wants more than the original as she needs to house the children, (one mine, one from a previous relationship). I agree she needs to house the children, however she has more assets than me as she has another property that she uses as a rental income.

She has never mentioned the rental in calculations for a new property and actually wants an additional 100k off of me, and will not reduce the price of the family home that she is living in, it is currently on the market and we are getting no viewings as it is overpriced. The only way she will reduce is if I agree to the split up front berfore the house is sold.

Currently I am paying half the mortgage, child maintenance and my own rent and I my debts are increassing so I need to sell the house.

If she sold her rental property and with the her profits from the family home sale she would be able to buy a property without a mortgage.

My question on this, is if it went to court would they look at the fact she already has another house and far more assets than me? If it was just for my son, she would need a two bedroom house, however she needs a three bedroom house as she also has her other son, which in effect will be coming out of my monies.

The current house is way too big with 5 bedrooms, and there is only three of them there. The Ex cannot afford to pay the mortgage on her own. So our credit files are still tied together.

I dont want to see the children without a house, however also I cannot afford to just give 100k over to her to help buy another house; when she has another house. I also need to get back on the housing ladder to provide a house for my son when he comes and stays.

I have a solicitor working on this as well trying to communicate with the Ex but she is just digging her heels in and will not budge.

If she needs the additional monies to buy a property I feel she should go to the courts and make a claim under section 1 of the child support act. And we can then discuss it in court showing our assets

Am I being unreasonable?

Thanks for any advice

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Family Home / Monies Split 3 months 3 weeks ago #97043

  • actd
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This is quite complex, and to be honest, I think your solicitor is best placed to advise you on this matter. Since you weren't married, I can't see that she is entitled to anything beyond any original legal arrangement for splitting the assets, and she would be entitled to child maintenance for the child that is yours, but as I said, I think your solicitor is best placed to advise inn detail.

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Family Home / Monies Split 3 months 3 weeks ago #97054

  • Mojo
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As far as I’m aware you’re not financially liable for her other child and I’m pretty sure they would look at both of your financial situations and that would include assets.

I don’t think you’re being unreasonable, just don’t let your solicitor drag their heels, I would instruct them to get on with things and progress your case.

All the best

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Family Home / Monies Split 3 months 3 weeks ago #97076

  • Yoda
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Your solicitor will be best placed to advise you.

Hiding assets isn't a good idea for your ex. The court will want full disclosure on all your finances and they will look at the housing needs of both of you going forwards.

It does sound like a complex matter and it's good you have legal assistance for that.

Best of luck

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DAD.info Moderator

I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

Family Home / Monies Split 3 months 2 weeks ago #97106

Hi There,

I agree with the above, you need to allow your solicitor to guide you, you should both have completed the financial disclosure forms and as yoda has said if she isn't disclosing this asset then it isn't going to help her case

GTTS

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