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House, capital and pensions

  • er75
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03 Feb 08 #12719 by er75
Topic started by er75
Hi,

Any advice is welcome - here goes!

Been married for 8 years with 2 children, aged 5 & 7. Both children live with me in the matrimonial home and stay with their dad 1 night per week (CSA in payment of £450pcm).
I work part-time so we don't have to pay childcare costs and earn approx £8,500pa.

My stbx works full time earning approx £37,000pa.

His CETV is £71,000 and mine is £14,000

House valued at £215,000 with a mortgage of £90,000 which I pay solely on my own.

No spousal maintenance in payment as his argument is if I can't afford the house and kids he can. Surplus cash each month excluding utility bills is £250.00 (all food, petrol, clothing etc)

Capital of £28,000 is in stbx name only and have commenced savings since we married.

We had agreed a 70/30% split on all assets but now he wants to add a further scenario of a 70/30 split but 10% each goes to our children reducing my share to 50%. He will keep all capital to reduce his property share to 12.1%

Due to my earning potential I am unable to obtain a mortgage in my own name so he remains as joint policy holder, stopping him from obtaining a mortgage in his own name.

My question are:
Can the property be split with the kids receiving 10% each?
Should I consider his pension? He still has 25 years until retirement at 60.
Should spousal maintenance be payable?
How to overcome the mortgage problem.

Many thanks

  • attilladahun
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03 Feb 08 #12732 by attilladahun
Reply from attilladahun
P Message sent with possible approach

1. Theoretically yes practically No it would be a disaster as you could never borrow against a ppty part owned by C whose int would be held by trustees
No Court would EVER give a C a LS or interest in a property
2 Theoretically yes practically no you will get a pension offset so you keep the FMH
3 Yes but practically No as capitalising SM helps you get FMH

"joint policy holder"-what policy????

Some lenders will lend if his mtge covenants are not released - he will need to see an IFA

  • er75
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03 Feb 08 #12735 by er75
Reply from er75
sorry - mortgage, not policy

Thanks for the advice, helped a great deal

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