Advice please
 

Im splitting with my misses of 9 years and made it very clear yesterday I dont want her back. Anyway we've had a chat and she thinks shes entitled to some of my pension. Ive been paying into one since before I met her starting Jan 1998 (granted it was only 3 months before I met her) and we got joint bank accounts sometime in March 2002 IIRC when we bought our first house. Now her sister is aparently a family solicitor and claims the ex is entitled to my pension (or at least some of it) because its been coming out of a joint bank account.

Obvious question is, is this right? And how much is she entitled too? Also have a works pension going which I started sometime in 2003 IIRC but that comes straight out of my wage rather than put into the account and then taken. again is she entitled to anything like this?

Whats the best way of agreeing on splitting assets. we have about 30k capital in a 140k market price house (house 3 doors down has gone up for £140k but realistically I think it'd sell for £132k and thats what I offered yesterday, i.e. I give her £11k from the house assets and she laughed in my face saying shes expecting £20k from it all). What a friggin headache, as if splitting isnt hard enough eh. Glad theres no kids involved :)

Thanks

Are you married or living together? :wonder:

That might help too, were just living together. Not married, both working full time.

Well she's not entitled to anything from your pension then.... :thumb:

Then she can feck-orf. She's entitled to diddly aside from material possessions. If you bought the house together 50/50 then she's entitled to 50% of the properties current value NOTHING ELSE.

Is that fact? I can see this getting messy over a poxy couple of fekking pounds :mad:

Whats worse is we fekked of our savings each month and put £100 a month into a share scheme at her work. £2000 in there now and I said take it Im not bothered it makes life easier for me to bargain I thought. I wouldnt be entitled to any of it anyway would I? Comes straight from her wage. would have thought it'd be similar to my pension. I did say to her keep your shares and I keep my pension but she rolled her eyes thats shes the one being ripped off....lol

Also you need to take into account legal costs and estate agent fees when selling a house, these could be anywhere up to 3% of property value (estate agents) and around £800 in solicitors fees etc.

So don't ever agree to split the Gross worth of the house always the net worth (after fees etc.) :thumb:

11K seems a good offer, especially when you consider that she needs to keep paying her share of the mortgage for every month it doesn't sell.... ;)

They're her shares and it's your pension...... end of :thumb:

Thats what I thought too. Although how do people agree a price on a property, as I said it'd go on the market for £140k but why should I pay £140k for it when in reality putting it on the market would probably fetch less than £135?



Thanks for this people. helping a fair bit :thumb:

Have it valued by a couple of estate agents..... then SUBTRACT the legal costs from the value.... and Bob's ya fathers brother :thumb:

Thats what I thought too, although when she said stick it on the market then if you dont give me 20k I said fine, Im probably better off with you giving me £300+ a month for the house whilst its on the market and she said I'll stop paying then :mad: why does everything have to be so complicated.

So is there a way of agreeing selling price on a property by a 3rd party or something. I dont want to do her out of anything but why should I cough up for everything just because I can afford to do :mad:

Sounds fair to me.
As she contributed to the joint account she should be entitled to some of these benefits. What percentage did she contribute to the joint account? e.g 50:50 or 70% you and 30% her. A fair settlement would be that percentage times the current pension value.

Ive been contributing 70% to her 30% every month, Its not even a massive pension, £43 a month :rolleyes: compared to £100 a month into her shares. although theyre only 3 years worth

she's not entitled to anything.

stash all your documentation so she has no proof!

:lol1: if only it was that easy. Im not gona be harsh on her but I dont want to fall out with her either. seems stupid to fall out and end up going through solicitors too over a measly couple of grand although Im stretching myself to take the whole mortgage and more in just my name as it is. plus she wont pay a penny for her solicitors being her sister an all.

AFAIK unless you're married then she is not entitled to your pension. Is her name on the deeds and mortgage?

This is the solicitor who thought her sister was entitled to half your pension :lol1:

Yes shes on the deeds and mortgage, and it'll cost me another £600ish to get the deeds changed through a solicitor :mad:

True. Maybe I could win everything with idiots like that on board :lol1:

She's been reading too many tabloids. Your pension is safe.

If you're worried shove it all into a slush fund ;)

Seems to me in that case you'll have to split any profit from a house sale, NET PROFIT, ie after all your costs have been taken out including I suspect your current mortage payments if you are solely paying them now. Get a decent solicitor and make sure you don't get shafted.

your right, but how do you go about the house sale without messing around with estate agents (Im trying to buy the house remember) and agreeing on a price seems to be the hardest part. Ive only took 8k off the asking price as such. (thats only 4k once split between the 2 of us)

She has been paying me for half of the mortgage payments up to now (been split for 3 months) but Im afraid shes might end up nasty and stop completely, saying that after everything that got said last night she might calm down in a day or 2.

if she stops paying her 1/2 record this as well, make the payments yourself & deduct these from her final payoff figure.

The trouble is that the 'pay-off' monies are usually held by the mortgage company/solicitor (dependant on if you increase your mortgage to pay these funds) and are only paid out once the 'transfer of title' has taken place... ie ownership of the property is all put into your name.

This process can take 2 - 3 months in some cases, and it's something you need to look into first....

It's a horrible time, and it'll get alot worse before it starts to get better! :brickwall