is this a fair divorce settlement?

[Suzy~Q]

H & W are separating. W has asked for a larger proportion of the equity in the jointly owned house to fund the next home, and both H & W will take out mortgage to their maximum to fund individual house purchases on separation. H earns twice W. By W talking a larger amount from the house both can purchase property of similar value on separation. W suggested a legal agreement to this effect which will also confirm that W will not to touch H pension or salary. Is she being fair? H doesn't think so - he wants a 50/50 split on the house equity which, although sounds fair, isn't because H could buy a very nice house, but W would have to rent, albeit with money in the bank. Views would be welcome. thanks.

[lady_p_gold]

H is being completely unfair especially as pension could be very substantial part of settlement. If it went to Court W would probably get a lot more.

[Pippa68]

I agree with lady_p...if H has any common sense he would bite Ws hand off & sign the agreement. He stands to lose far more regarding his pension.

[Suzy~Q]

Thank you lady-p-gold and pippa68, that's what I've been told by others; looks like a forthcoming Court case unless he comes to his senses. I was sorta hoping for a male point of view too, but none forthcoming - heigh ho!

[EDLEE]

While it may seem more equitable to you or me, a settlement agreement is an agreement. If the parties don't agree then it's off to court we go. We can rationalize any way we please but H and W are the ones who must agree.

[dtr123]

Ok a bloke point of view.

My situation.

H & W separate, W decision and W takes 2 kids to live with her mum. W earns 8k more per annum than H. W also put a large chunk into the purchase of property. W wnats to claw back that money before equity is split. H would love to agree but would mean H is left in the pit of a bedsit. Not nice for 2 young kids to visit.

W mum has 6 bed house worth 600k. Is it fair after 8 yrs marriage and majority of childcare done by H to expect a nice 50:50 ish split.

Ok prepare for backlash.

[Suzy~Q]

Fair point dtr 123 - I'm really sorry things are looking bad for you. For me, H earns �12k more than W and W was looking for a property of equal value at the point of separation. I only hope your W comes to a similar viewpoint - regardless of who put what into the 'kitty'.

[dtr123]

Thanks Suzy Q, hope so too. Why is it always the nice party of the split who gets screwed? Oh well onwards and upwards.