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Morning . So my wife has filed for a divorce. We have been together 10 years married for 31/2 (gutted) how ever she was in the property before me and I have only been paying the mortgage off for 6 years . Signed a 60 40 split on the mortgage. Now she is saying I’m only entitled to 40% of the 6 years I have been paying not the hole house . I have saving asset etc is it worth me walking away she leave me alone I leave her alone and it’s job done ?
Replies (1)
Hi John.
There is no set formula for agreeing financial settlements and the court looks at a range of factors such as the needs of any children, your own needs, the ability to support yourself in the future, ensuring each person can house themselves, life-style, length of marriage and any health considerations (Read more about these factors here) as well as ‘your financial contribution’ which is maybe what your wife is focusing on.
The starting point in divorce is a 50/50 split of assets so you can assess whether accepting her offer is fair by looking at all of your assets as a whole (equity in the property which is value minus outstanding mortgage, any savings, pension values plus any other assets) – add them all up, yours and hers, and divide by two. You can then adjust the numbers to take account of the factors listed above – so for example do you earn similar amounts of money? If so then a 50/50 maybe be fair… or does one of you have additional needs such as housing children or a lower income that may mean you need more than 50% of the assets to house yourself. Ultimately, you need to consider whether what she is offering will enable you to move on and re-start your life. I hope this is helpful, please get in touch if you have any further questions.