Property Settlement question. After ourhouse is sold, how do I figure who gets what? He is still in it,I'm not?

[dasco]

Last November, I left my home and ex partner, we had bought a house together, (May 2010) and now he wants to know how much money I want.
I told him, I would let him know "a formula", not a fixed amount, as Real Estate prices go up and down. Trying to just figure out what the formula should consist of.
There is no animosity. (I dont know if it would be more financially viable, to put tenants in, and just leave them pay it off. It is in gladstone, and Bechtel can find tenants easily)

I am not sure regarding the formula, as I have had 2 opinions from different solicitors.
(His solicitor said that I had no rights to anything, and my solicitor said I had 60% rights, as I put my house up as collateral.)
He is still in the house, but is about to move in with his new woman.
I think I would like to sell it,
pay the bank,
go halves in the rates and real estate agents fees,
and pay him back whatever payments he has put in, (minus payments that I have put in,)
and maby any house improvements he has made, and pay him back, same for me.
What was left over, we could go halves in.
I put my original home, that I have moved back into, up as collateral for the shared house.
I would love another opinion about this, as I am sure I will have missed something, and I want it to be fair!!
Because the house has been owned by us for less than 3 years, there is a break loan fee, to take into account, but I am happy to just, "sit on it", and mark time, until the 3 years is up, and not have to pay that fne. Just dont know which is the more financially viable option.
Thanks for any suggestions.
Permaculture girl.

[pascoe69]

am guessing you or he is into finance and politics.
you have the longest posting I have read in ages.

[this IS a USA Real estate forum]
whatever was put in, one gets back.

if more is available, same %

[byron92]

What will happen with the house really is going to depend on what the rest of your finances look like. You'll each leave with assets that still exist, which you brought into the marriage. The marital assets will be split according to your state's law, which might say 50/50 or in an equitable (fair) way, depending on which state you are in. How the court will decide about the house is going to depend on what else you have to divide, what income was brought into the marriage and what funds your husband used for the down payment on the home. Even if he is given the house, you would be entitled to your portion (under your state's law) of the total marital assets. Talk to an attorney.