Marital home

Myth
  Myth
“Wife & I separated over 2yrs ago...we own our property...she has been living in with our chid. I want to buy her out with my 50/50 share of the equity but she refuses & says she is entitled to at least a 60/40 share because she is the main carer...our child doesn't want to move house & it's upsetting her which is why I want to move back in & buy my wife out. Is it true she is entitled to a larger share of equity than I simply because she has our child more than I when I pay child support & my wife also work”
Fact
  Fact
The law is ever evolving in this area, but at present the Judges start with “equality” when looking at a settlement. This means equality in all areas of the finances, pensions, assets etc. It is up to each party to then argue why there should be a departure from this equality. Having a dependant child, a lower income, or numerous other factors may be enough to justify a shift from an equal settlement.

A lot of people make the mistake of talking just about the family home when there are usually other assets and liabilities to be considered, such as pensions, savings, debts.

It is not unusual for the parent with the child to receive a greater share of the settlement, but it is not necessarily going to be the case here

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