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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Beneficial Interest or NOT can anyone HELP!

  • Ruby45
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11 Apr 12 #323023 by Ruby45
Topic started by Ruby45
This really is difficult to explain but if anyone can help i will be delighted and then i will move on so that i can leave you alone!

1991 I bought my house.
2002 my friend moved in because he had no where to live and i offered him a room only He paid £50.00 a week
2005 we started a relationship. He then started to pay towards food only.
I paid for everything else:
Mortgage, Coucil Tax, Every Utility Bill etc.

2009 the relationship ended and he left wasnt asked to leave i came home from work to a letter saying " Thank you for all of your help and support over the years but I just need time on my own "

Bit sad but we all have a choices so i have got on with my life and then:

He is now claiming through a solicitor that he has payed towards the mortgage and payed on home improvements!!

We did not have joint bank account.

He was never registered at my address(His choice) The door was always left open to him to leave at any time

Surely to god he cant do this,

OR CAN HE......

  • sexysadie
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11 Apr 12 #323025 by sexysadie
Reply from sexysadie
It seems unlikely if he was never officially living there. How would he prove anything?

Best wishes,
Sadie

  • Ruby45
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11 Apr 12 #323027 by Ruby45
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Thank you Sadie for your quick reply.... but my worry is that his solicitor has said that they are going to apply to the court to prove that he has a beneficial interst!

What on earth will he have to produce as proof and is there anything that i can do to stop this other than pay for legal support and huge court costs.

  • dukey
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11 Apr 12 #323033 by dukey
Reply from dukey
This can be a problem, firstly he can make the application to court, and he will have some claim but likely to be very limited, the problem for you is the legal costs of defending the application, also the fact that because you were not married, the looser* can end up with costs.

The other problem is will he be honest, that fact that he threatens the action shows he is less than honorable.

Will he go to court and say i paid £x per month to help pay the mortgage and bills, but i paid Ruby it cash, will he say he improved the value of the property fixing stuff decorating ect?.

Its not uncommon for people in your situation to pay some "go away" money rather than go to court.

Or you could think about acting in person to save costs if they do push it to court.

  • Ruby45
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11 Apr 12 #323037 by Ruby45
Reply from Ruby45
Thank you Dukey i lived in hope that you would reply!

He can only say that he paid me in cash because he did not have a bank account.

He is asking for £35.000 to settle out of court and i like your wording "go away money"

I do not have that amount of money and yes i will have to self represent.

Any Tips or help would be really helpful x

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11 Apr 12 #323040 by dukey
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Maybe set your stall out from the beginning.

The house was purchased by yourself in 1991

He rented a room from 2002 to 2005

In 2005 you began a relationship and he payed towards groceries

He has never payed the mortgage or the upkeep of the property or any bills relating to the property, this you can prove on paper

As such the relationship lasted four years with no financial contribution from him, how then do they intend to prove to a judge this formerly homeless man has any beneficial interest in Ruby`s house?, you will defend the claim and seek full costs once the judge agrees this sponging dead beat has no rightful claim (the sponging bit is optional)

35k sounds very much like a try on, could you offer 5k as full and final settlement?.

  • Ruby45
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11 Apr 12 #323045 by Ruby45
Reply from Ruby45
Dukey you have made me smile..... and for that i will say "Thank you"

I had forgotten the true feeling of being happy X

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