personal injury compensation claim

So who does have the money then? Why should it come out of YOUR house?

1) Your respective ages- 56 and 49 (me)
2) Length of your marriage and any premarital cohabitation- together 30 years, married for 26
3) Number and ages of any children either joint or from previous/later relationships-1 aged 244) If the house is not sold yet then value and outstanding mortgage amount-[/color[color=#FF0000]]-house was valued at 150,000 four years ago, no outstanding mortgage.Son currently living in it but happy to move if goes up for sale. Ex receives £300 per month from him. I receive nothing5) Where each of you are living, how much it is costing you either rent or mortgage- ex lives in council property with new partner, he receives full housing benefit. I live in private rented accomodation, paying £475 per month and receive some housing benefit. I live on my own6) Your respective invomes including any benefits. I receive approx £225 per week in wages and tax credits,which includes a disability element. This is currently being reviewed so cannot say exactAs far as I am aware he is not working and they live off his partners benefits7) Pension amounts and time it was built up over- no pensions
8) Any other assets, savings, shares, cars, valuables etc.-I have no savings, there was around 4 grand in a joint account when I left him, and £ grand in isas. I dont know if this is still there
9) Any debts or liabilities eg. credit cars, loans etc.- £80 grands worth of debt which was used to finance our business
10) Any other relevant factors such as new partners, cohabitation- He lives with his new partner who has ms and receives carers allowance. I live on my own.11) Has the accident affected your earning capacity either now or in the past? What exactly is the compensation for? How much is it?- Dont know how much the compensation will be. It is for multiple fractures and other factors such as head injury, bruised ribs etc. Now have an amount of ­meta­l work in my leg which affects mobility and cannot do certain jobs anymore or stand/walk for long periods

I told you my case was complicated
Please note, although no boardcode and smiley buttons are shown, they are still useable

That's not complicated - compared to many cases

OK the house is now worth £130k and there's £80k debts, one will pay off the other so there's £50k equity left over. Long marriage with no dependent children and both on low income so no spousal maintenance to be paid, a 50/50 split will most likely be appropriate. That is £25k for each of you. If he wants any more than this then I think he would have to put forward a very creative argument/reason!

Then comes your compensation, I guess it's hard to say until the amount is known. He has been living with a new partner for a while so his housing needs are met and he will have £25k lump sum from the house, so I am not quite sure how much or on what grounds he could make a claim for your compensation.

I don't think either of your proposals so far are fair.

If I have understood correctly then he proposes that he gets 100% of the house and £50k of the debt. That means in total he is getting £130k - £50k = £80k, and you are getting just £30k debts. That is definitely not fair for you. But your offer to take on all of the debt in exchange for the house is not fair either, that would give you £130k - £80k = £50k and him £0. He will certainly not leave empty handed. The final settlement will most likely be somewhere in the middle.

thsnkyou cookie, this has certainly given me some food for thought. My solicitor is my next port of call to get something concrete sorted.

I think what is being said is if she gets her half of the house. She will take on the full debt. Not if she gets the whole house

Yes Graeme, that is what I was trying to say

I think what is being said is if she gets her half of the house. She will take on the full debt. Not if she gets the whole house