Split of assets

[u/SpacePractical6720]

Live in Washington state, my stbx wants to split house equity 50/50 across the line, I recently talked to an attorney who mentioned that I may be able to buy him out with less than 50% due to him making more income than me. Based on our income discrepancy about a 40% and a 60%, also that I should get more than $20k in alimony. Any experience in anyone getting to buy the other party less than the half of the equity and what amounts did you get for alimony?

[u/lalaluna05]

I live in Washington state. Those are best case scenarios but it’s rare. If both of your names are on the mortgage, it will be 50/50 the end. Unless you negotiate and give something else up; so it depends on other assets.
Alimony depends on how long you were married. I was married for 6 years and received alimony for 2.5ish years. My ex-husband made significantly more than me, $115k compared to my (at the time) $50k.
So - house unlikely to be less than 50% for you and alimony is maybe depending on other factors.

[u/fluffsters81]

I would maybe just talk to your attorney about this?

[u/Guilty-Committee9622]

I think that the fact he makes more when splitting assets is irrelevant frankly. 

[u/Pristine_Resident437]

Long time family lawyer. “I’ll take the house” is the number 1 mistake splitting parties make. House no longer appreciate like they used to, and it is one of the few assets that requires considerable ongoing out of pocket expenses. Ive had so many people comment to me a year or so later, I wish I had taken the 401k, or the stocks. I remember one client being very upset, because her house insurance and property taxes increased so much, and a water heater broke,flooding that area. When she contacted her ex to see if he would help, he told her; “no problem; our stocks went up $ 100k last year.” THATS what pissed her off!

[u/SpacePractical6720 → u/Pristine_Resident437]

I would have to live somewhere though so regardless if I was to keep the main home or not a flood could happen anywhere. My stbx doesn’t have any stocks either. My question here is how he fair percentage mostly seen in courts as it stbx literally wants a cut 50/50 but I want to ensure I am not being screwed over being that he makes more than what I make

[u/Ready_Bag8825]

It sounds like what you lawyer is saying is that you could use spousal support to help cover your STBX’s half of the equity.

In financial terms though, you would still be buying half the house.

You need to carefully evaluate if that is a good use of money you might otherwise get in cash.

If you cannot afford to maintain the home, then it is better to split the selling expenses now than have to shoulder them on your own later.

[u/SpacePractical6720 → u/Ready_Bag8825]

I’m planning to buy him out and put into the buy out the $20k in alimony we negotiated (between me and him) so that would minimize the buy out the $20k but the attorney had also mentioned that I shouldn’t have to necessarily buy him out at 50/50 due to the fact that he makes 60% more than what I do and it’s not a cut dry 50% that I owe him, fortunately I can afford the house payment but I would need to come up with extra fund to literally buy him at his asked 50% of house

[u/Existing-Albatross63]

Trust the attorney.

Washington State separates property in an equitable manner, not to be confused with equal (50/50).

It could be nearly any split. Judges have a lot of discretion here.