Buying your ex-partners share of a house.

[E B]

I separated from my husband Feb 2005 after I found out he had been having a long affair. I wish to buy his share of the house and understand that he is entiled to 50% of the capital. I have two children still at home and in full time education. It has been suggested that I should get an extra 5% per child, thus making the split 60-40. Is this fact or fiction - I need to know. Many thanks.

[packmalp1]

Hi E B,

When I divorced my husband after he had many affairs. I thought he would be entitled to 50% of the house. In fact he told me he wouldn't settle for anything less. My solicitor at the time laughed, and said he wants to wake up. The starting percentage is 50%...then they take off money because you have children, employment, assets etc. I had no other assets at all, neither did my ex. All he ended up getting was �5000! I ended up with the house, the equity. The judge looked at the lifestyle that I had whilst I was married, and didn't look to kindly that he had affairs either. So your ex may not even get anything like 40%, but i would imagine it to be 30% if not lower. Good luck and hope this helps!

[E B]

Thank you for your reply packmalp1, it has given me a lttle bit of peace and hope. It also gave me the idea that I should use a solicitor rather than do it all myself, paying a solicitor may save me money in the long run, and save me from extending my mortgage from 11 yrs to 25 yrs, and a lot of financial hardship, in order to pay him off. He is hoping for a big pay off. My lifestyle had already changed for the worse, don't want it to get any harder.

Once again, Thank you for you answer.