3 uk properties, (all circa) fmh 240-250k, investment property 90k, 65k and spanish property anything between 100-150k..plus savings anything between 100-150k plus children's accounts probably around 80k (would like to leave that for them as is, but to have equal control)
(no names pls )
None - al paid off.
2 uk and 1 spanish joint savings and wages, 1 sole from ex's savings..does that really matter? it was all bought during the 11 years of marriage.?!
No, just savings she put aside from wages whilst working. May include some redundancy..
about equal..she may have had a little bit more, but she gave me a loan which i paid off and we paid everything 50/50 from day 1 to the last day
1. the sale of the 2 investment properties would not give me anywhere near even 40/60.
without the sale of the spanish property, i wouldn't be able to get rehoused in a similar property in the same area which i want to be nearer the children. also, the fmh is a 4 bedroom house and she does not need 4 bedrooms. in addition her father just passed away and the house is empty, in the same street and she would have where to stay
Q: should i request to move back into the fmh. would the courts consider that in your opinion?
there are sizeable savings (if we get to them) to compensate me for the shortfall on the sale of the 2 investment properties, but unless she comes clean with those, the only think I have left is to consider buying a far smaller property, 2 bed which is a NO because of the children's age and gender. we both need 3 bedrooms. also after putting 50 % of money into the house and my soul and body with a lot of hard labour, the least I deserve is a chance to offer my children when they stay with me is equal style and luxury accodmodation they have in the fmh.
2. If she has somewhere to live (her father's house in the same street) and the bulk of the money is in the fmh,
Q:do i have a good argument to ask to force the sale of the fmh so we both have a good starting point and pot to get 2 decent properties so we can provide adequate accommodation for the children. also, that should soon change, with the upcoming application and the children's wishes to spend more time with me. just 1 extra night (thursday) a week and we have 50/50 contact.
i'm curious: i asked you a similar question recently when i had in mind we jointly keep the spanish property and split the rest by selling all of it, you said that unless i accepted the sale of the the spanish property i could not count on getting the fmh sold. i am now accepting the sale of the spanish property, but i cannot see funds coming from that for at least a year or two?! where do i get the shortfall from?
i could maybe accept it as the shortfall and let her stay in the fmh because the fmh is worth on its own like the other 3 together..i could then use the rent to cover a top up mortgage to buy a 3 bed in the same area. i would then consider getting a smaller chunk of the savings when they "come to surface" again.
another option, leave the spanish one for the children in equal shares and let me use their savings to be rehoused properly..i mean there are options, its just a question of what will get pass the judge on the day (depending on his/hers mood and whether they had a row at home themselves and have turned up at court in a bad mood )
ok..:( maybe it wasn't what i was hoping for, but I appreciate you telling me how it is. IF you were in court with me, which "card" would you try to play to get the fmh sold..just out of interest.?
Sorry, didn't realise there was a question here from you:
many reasons, main is because we had a verbal agreement from day 1 that we invest equally, if we split up we would sell it and we have not invested exactly equally. Financially yes, I now suffer with back problems and will for the rest of my life because of hard work on the FMH.
Its only fair and right to sell and we both move on. And as I said, most of the equity is in the FMH. I need to move into another property before winter and should not spend another in impoverished conditions - I've earned my right to at least put a decent roof over my children's heads. Maybe there is a degree of revenge, emotional attachment to the house..i don't know. Either way the children don't mind we both move on and get new houses
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