Settlement

I married my partner in November 2015 he left 8 months later before the birth of our daughter.I have offered him money over the years but he would not agree.He is now desperate to force a sale of the house and wants 50%.He didn’t contribute to the deposit of the house or any fees and only helped with the mortgage the 16 months he lived there.He left me in a financial mess. We had bought a home and got married which left debt. I had to return to work when my baby was 14 days old to pay the mortgage whilst he had 2 weeks paternity and we didn’t see him.I couldn’t explain how difficult it was to keep our home working overtime on top of 37.5 hours a week.I had a home prior to buying this one and rented it out a short time but I sold it to use £20,000 to pay off debt.I also had 2 other children to support.I can afford the mortgage but not with paying him out.I don’t expect him to leave with nothing but I feel 50/50 is a joke.He only started paying child maintenance this year also.I have now cleared the debt and can buy him out but don’t have money for mediation and solicitors.Anyone have any ideas or experience of how in his favour this could go?

A lot will depend on both your mortgage capacities and both of your bank balances. However, if I was to guess, I believe the split would worst case scenario be 60/40 in your favour. Best case scenario the split would be around 80/20 in your favour. It ultimately depends on the type of Judge you get and how much time you spend with the kids. The 20 - 40% you owe him does not necessarily need to be paid now. You can ask the Judge for a charge, i.e. you pay the 20% - 40% when the last kid turns 18 years old. You can also ask for nominal spousal maintenance in case you lose your job.

The case seems very simple so hopefully you don't waste lots of money on legal fees. The Judge should be able to figure out what to do, e.g. 75/25 split, with his 25% being on a deferred charge basis, plus £1/year nominal spousal maintenance.

We both probably earn the same wage.
My bank balance is always £0 I live month to month but manage the bills and we have what we need.
He has £30,000 from a settlement from his ex wife which should have gone to our deposit but we had separated before this happened.
He also has about £25,000 for a share in a property from an ex he has recently separated from. He wasn’t named on the mortgage but they agreed 50-50.
He has our daughter every other weekend and on 1 weekday night.
I just can’t afford to start the process but it’s looking like he will be and can afford it. I will end up representing myself

We both probably earn the same wage.
My bank balance is always £0 I live month to month but manage the bills and we have what we need.
He has £30,000 from a settlement from his ex wife which should have gone to our deposit but we had separated before this happened.
He also has about £25,000 for a share in a property from an ex he has recently separated from. He wasn’t named on the mortgage but they agreed 50-50.
He has our daughter every other weekend and on 1 weekday night.
I just can’t afford to start the process but it’s looking like he will be and can afford it. I will end up representing myself

We both probably earn the same wage.
My bank balance is always £0 I live month to month but manage the bills and we have what we need.
He has £30,000 from a settlement from his ex wife which should have gone to our deposit but we had separated before this happened.
He also has about £25,000 for a share in a property from an ex he has recently separated from. He wasn’t named on the mortgage but they agreed 50-50.
He has our daughter every other weekend and on 1 weekday night.
I just can’t afford to start the process but it’s looking like he will be and can afford it. I will end up representing myself

The Judge will probably do around a 80/20 asset split in your favour given he already has a lot of money and given that you have the kids most of the time.

The Judge may allow you to pay the 20% on a deferred charge basis, i.e. you pay when the youngest kid turns 18 years old rather than now if you can't afford to pay it now. Its could be better to pay the 20% now, as 20% may be more expensive in 18 years time if the property value appreciates and the property is worth more.

The Judge may also do a £1/year nominal spousal maintenance just in case you lose your job and need to care for your kids.

The exact end results depends on your specific Judge's feelings and opinions on the facts of the case.

In some respects, self representing is better, as you know the facts of your case better than anyone else and he will eventually have to back down as he is going to run out of money paying for solicitor/barristers so you have all the leverage and power. His solicitors also have a duty of care to you and should explain things to you.

Thankyou for all the replies.
I will get as much information as I can and represent myself.
No judge will think his behaviour has been acceptable I am sure