Divorce Asset Split - Double Child Maintenance

Divorce Asset Split - Double Child Maintenance

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Original Poster:

257 posts

114 months

Wednesday 2nd September 2015
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After some advice while I wait for my solicitor to book me in for an appointment. Unfortunately my marriage has hit the rocks, I found out she was cheating and a divorce looks very likely. She has already started saying she wants half of everything and monthly payments to help with the mortgage. I have a few questions maybe someone who has been through it can answer.

Info: married 10 years, been living in house in her name she bought few years pre-wedding, I earn slightly more than her, 1 17 year old child - hers lives with us, I have 2 other BTL- one bought pre wedding and one bought few years after - and a 20k personal loan.

- Will i have to pay maintenance for her or my stepdaughter, we both work full time and the stepdaughter received/still receives maintenance from her biological father.

- If she is entitled to 50% of the 2 houses in my name, do I get 50% of the one we have lived in for 10 years. I don't think she does because the home we live in is nearly mortgage free and is worth greater than the 2 BTL in my name.

This is in Scotland if it matters.

Thanks - and for those that are unmarried - never get married!

standardman

424 posts

169 months

Wednesday 2nd September 2015
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My guess is, she will get half of everything but no maintenance, half to include her house too.

My guess is the lawyers will do best out of this.

davemac250

4,499 posts

206 months

Wednesday 2nd September 2015
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Go to financial mediation.

She may get her eyes opened for her.

Sounds like everything in the pot and a 50/50 split.

davemac250

4,499 posts

206 months

Wednesday 2nd September 2015
quotequote all
Go to financial mediation.

She may get her eyes opened for her.

Sounds like everything in the pot and a 50/50 split.

Du1point8

21,612 posts

193 months

Wednesday 2nd September 2015
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Is this one of those occasions when the male has the upper hand on equity in property?

Her house is now your house too.
The BTLs are 50/50
yes you will have to pay maintenance for the 2 kids.
Personal loan might get split too.

But I don't think she can keep 'her' house and take 50% of all the BTLs.

It wouldn't work like that if it was the bloke with the property, etc. so can't see why it would with you being the person with less in the relationship.

FurryExocet

3,011 posts

182 months

Wednesday 2nd September 2015
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davemac250 said:
Go to financial mediation.

She may get her eyes opened for her.

Sounds like everything in the pot and a 50/50 split.
This is what happened with my current partner and her divorce. All assets are listed, then it's all split. As for maintenance, it's down to how much you each earn, his much access you have and other things.
My divorce was done amicably, even though she cheated. At the moment, I don't pay maintenance, but I have them 50% of the time and everything is split between us.

Every situation is different, I would get proper advice as I'm sure she will

Psycho Warren

3,087 posts

114 months

Wednesday 2nd September 2015
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Just Remember you can still get screwed into paying maintenance for kids you arent a biological father to, nor have adopted, as they are viewed in many cases as "children of the family" so thier needs come first.

roofer

5,136 posts

212 months

Wednesday 2nd September 2015
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I read it as stepdaughter that is already taken care of by the father. I would suspect she may get 55/45 split .

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Original Poster:

257 posts

114 months

Wednesday 2nd September 2015
quotequote all
roofer said:
I read it as stepdaughter that is already taken care of by the father. I would suspect she may get 55/45 split .
Reading it back it does seem confusing, but yes it's one stepdaughter, 17 years old. She receives maintenance from her biological father.