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House Sale
#21
(02-21-2017, 06:40 PM)abcd1234 Wrote:
(02-21-2017, 05:06 PM)MarkR Wrote:
(02-21-2017, 10:54 AM)abcd1234 Wrote:
(02-21-2017, 05:54 AM)MarkR Wrote:
(02-20-2017, 09:02 PM)Hazy Wrote: Why does it have to be a 4 bed? Two children of the same sex can share a room up to the age of 18 (sometimes 16).

You must emphasise that you also need a house big enough for when the children stay over.

These splits can be very unfair in that there's is no automatic right to be mortgage free if they have an income.

You got this one wrong as well.

The Housing Act sets out how big a room has to be, for it to be occupied by 1 or 2 people. Typically a box room in a house is only big enough for 1 person, but if over a set size, in law is still considered a bedroom.

What is considered acceptable, for working how how many rooms for Bedroom Tax and entitlement for Housing Benefit and Social Housing is

a, 1 room for every person or couple over 16

b, 2 Children under 16 of the same sex can share

c, 2 Children under 10 can share.

For contact

a, Children over 10 must have their own bed, but it can be in the same room as someone of the same sex

b, Children under 10 can share a room with anyone

c, A living room can be used as a sleeping area, as long as no gas fire is in it.

A Hotel Family Room is acceptable for periods of up to 28 days at a time, while on holiday.

However, I still stand by her housing situation is not your issue, your issue is you in law paid half, so should get half the profit.

If she is claiming disadvantage from the relationship, as you can afford a mortgage and she can not, then the correct way for her to go about this, is Spouse Maintenance.

A Judge will decide if she was disadvantaged or not, and if so, how long she needs support for, to get her back to where she was. The key facts will be her position at the start of the relationship, and at the end. Any improvement you have does not come into it, and bear in mind you might lose your job the day after this went through court.

This would then be considered as income for Tax Credits and any other Benefits (100% reduction on Housing Benefit, added to P60 or Self Assessment Gross Profit for Tax Credits.

This is really good to know.  I have 2 boys (12,7) and 1 girl (6).  As eldest is getting a teenager she wants him to have his own room.  The mediator seemed to agree to this, so that means 4 bed.  She has been asked to look at houses and prices to work out what she wants.  I don't see how a 4 bed is affordable but we will see.  Looking at £310K for her, leaves £140K for me plus savings = £160K.

As my income is decent and I can afford a mortgage then I will do that along with any equity that I get.  So could do £150K mortgage plus £140K which gives me £310K like her be it with a mortgage!!!

There won't be any spousal maintenance as mediator said I wasn't earning enough.  Just around £500 child maintenance payments.


Based on this new information, if this went to court, she would be viewed as being unreasonable. There is a national shortage of housing with the Government and Local Authority's doing all they can to try to get people to have only what they need. In line with the current guidelines, she needs a 3 bedroom, what 1 of the rooms could  be a box room.

The mediator can not put an amount on Child Support, as it depends on "Staying Contact".  I would not do any fixed amount agreement, just say you will pay what the CMS calculator says, or pay the £20 to open a case for them to work it out.

You should get at least Friday till Sunday every 2 weeks, and up to half school holidays. Normally this would put you in the 53-104 nights a year bracket.
However, if you went for more like shared care, adding in 0 or 1 night on your weekend, and 1 or 2 nights on the other week, you might archive 105-156, or if by agreement it was 50/50 (what a court would not order) then its 175+ nights, what will result in a very low amount.
http://www.gov.uk/calculate-your-child-maintenance

If your income is not high enough for her to go after Spouse Maintenance, then she can also not then justify a larger share of the house profit.

The mediator did seem to agree to the 4 bed.  Maybe I was reading it wrong.  We will see once all the figures are submitted to her.  Big jump in price from 3 to 4 bed.  Interesting to know that a judge may deem this excessive.  Should I mention this in our next meeting or wait to see what the mediator decides?

Regarding the Child Support she did a rough calculation based on 2-3 nights (105-156 a year as you said above) which is £136 per week, £589 per month.  That plus a mortgage is a big expense for me, maybe more than half my wage, going from £0 to that is tough!

Cheers for your help everyone  Smile

I would put it in court, as the 4 bedroom would not happen under the guidlines.

10 years ago, it was acceptable to have spare bedrooms for contact, now its not. The Mediator is not moving with the new legislation and guidlines.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#22
Hi,
 
Update on this.  Had second mediation meeting covering finances.  £460K in pot, still talk of her getting a 4 bed house at minimum of £350K.  Again mediator backed her up as I can afford place based on my salary and I don’t need as much equity from the pot which is fair but looking at 25% of it at most.  And then have to pay her £550 maintenance per month.  Mediator going away to draw up a financial agreement.
 
Could I argue for a reduced maintenance payment as she is getting most of pot?  Say £400?
Should I seek the help of a solicitor now as I don’t feel this mediation is fair (if solicitor says it is then fair enough and I’ll take the hit)?
 
Thanks all
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#23
(03-13-2017, 11:51 AM)abcd1234 Wrote: Hi,
 
Update on this.  Had second mediation meeting covering finances.  £460K in pot, still talk of her getting a 4 bed house at minimum of £350K.  Again mediator backed her up as I can afford place based on my salary and I don’t need as much equity from the pot which is fair but looking at 25% of it at most.  And then have to pay her £550 maintenance per month.  Mediator going away to draw up a financial agreement.
 
Could I argue for a reduced maintenance payment as she is getting most of pot?  Say £400?
Should I seek the help of a solicitor now as I don’t feel this mediation is fair (if solicitor says it is then fair enough and I’ll take the hit)?
 
Thanks all

In struct a Solicitor on this one.

You do not owe her a house, and it should have no legal bearing on it.

Assests from the relationship should be 50/50 as its considered as family money.

What she spends it on is down to her, and she can rent.

You need to define maintenace, is this child support or money for her? Only Child Support is not income for benefits. Sponce maintanance is considered as income.
Child Support goes of income, not related in any way to any share out.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#24
(03-13-2017, 07:26 PM)MarkR Wrote:
(03-13-2017, 11:51 AM)abcd1234 Wrote: Hi,
 
Update on this.  Had second mediation meeting covering finances.  £460K in pot, still talk of her getting a 4 bed house at minimum of £350K.  Again mediator backed her up as I can afford place based on my salary and I don’t need as much equity from the pot which is fair but looking at 25% of it at most.  And then have to pay her £550 maintenance per month.  Mediator going away to draw up a financial agreement.
 
Could I argue for a reduced maintenance payment as she is getting most of pot?  Say £400?
Should I seek the help of a solicitor now as I don’t feel this mediation is fair (if solicitor says it is then fair enough and I’ll take the hit)?
 
Thanks all

In struct a Solicitor on this one.

You do not owe her a house, and it should have no legal bearing on it.

Assests from the relationship should be 50/50 as its considered as family money.

What she spends it on is down to her, and she can rent.

You need to define maintenace, is this child support or money for her? Only Child Support is not income for benefits. Sponce maintanance is considered as income.
Child Support goes of income, not related in any way to any share out.

Thanks Mark, I will do.

Maintenance, this will be for child support.  I thought I may be able to get this reduced as a compromise for her taking a bigger slice of the money.  I understand why this is fixed though.

No spouse maintenance, that was agreed.
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#25
(03-14-2017, 09:52 AM)abcd1234 Wrote:
(03-13-2017, 07:26 PM)MarkR Wrote:
(03-13-2017, 11:51 AM)abcd1234 Wrote: Hi,
 
Update on this.  Had second mediation meeting covering finances.  £460K in pot, still talk of her getting a 4 bed house at minimum of £350K.  Again mediator backed her up as I can afford place based on my salary and I don’t need as much equity from the pot which is fair but looking at 25% of it at most.  And then have to pay her £550 maintenance per month.  Mediator going away to draw up a financial agreement.
 
Could I argue for a reduced maintenance payment as she is getting most of pot?  Say £400?
Should I seek the help of a solicitor now as I don’t feel this mediation is fair (if solicitor says it is then fair enough and I’ll take the hit)?
 
Thanks all

In struct a Solicitor on this one.

You do not owe her a house, and it should have no legal bearing on it.

Assests from the relationship should be 50/50 as its considered as family money.

What she spends it on is down to her, and she can rent.

You need to define maintenace, is this child support or money for her? Only Child Support is not income for benefits. Sponce maintanance is considered as income.
Child Support goes of income, not related in any way to any share out.

Thanks Mark, I will do.

Maintenance, this will be for child support.  I thought I may be able to get this reduced as a compromise for her taking a bigger slice of the money.  I understand why this is fixed though.

No spouse maintenance, that was agreed.

Unless you are in a much better position now than you was at the start of the relatinship, or she is in a worse position, no claim on Spouce Maintance exists.
If she had a claim, it would be limited depending to your income.

The Mediator is trying to make a case for her to be due in excesss of what under the law.

Division of assets should not consider any claims as a spouce. Only who has any goods and any money if not in joint bank accounts.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#26
abcd1234

Please keep us updated on what your solicitor says. Im in a similiar position to you albeit we are not actually split just at this point.
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#27
(03-18-2017, 11:56 AM)jonbwalker Wrote: abcd1234

Please keep us updated on what your solicitor says. Im in a similiar position to you albeit we are not actually split just at this point.

Got meeting set up next week to see solicitor.

In the meantime, mediator has put together a schedule of assets.  No appointment arranged with her yet.

PM me if you want.  Always good to be prepared to when you do split.
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#28
Saw a solicitor and they said the best thing to do was go for a 60/40 split in her favour.  Any extra she wants/needs to move I can ask for the money to be “charged against the property” so when youngest turns 18 she has to pay me back.  In essence a mesher order but on a different property.  I think this is very fair as I then get some money from house sale for deposit but also know that a lump sum will come back to me down the line and stops the split being >70% to her.
 
It’s now a case of agreeing things.
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