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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.


Demands to sell property ...

  • dekhelia
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07 May 12 #328915 by dekhelia
Topic started by dekhelia
hi all, first post here. Hope someone can offer some general advice (although of course at some stage precise legal help will have to be sought) as to the laws regarding property ownership.

A friend has recently split from her partner of 15 yrs (2 children, 12 and 14). He was having an affair for the last year of their cohabitation, and he has now quite quickly married the woman involved.

She (the friend) has recently received an email from her ex demanding that she sell her house in Spain, and give half the proceeds of sale to him.

The house cost £11000 a few years ago, and is perhaps worth £20000 max now, so obviously we''re not talking huge amounts here.

The deeds are in her name. The house was bought with the proceeds of a sale of a previously jointly-owned property in the UK.

She doesn''t want to sell. Does she have to buy him out? No solicitors have been involved, yet.

In the almost year since he has been gone, he has made no financial contribution - he doesn''t have a job.

Also, it may be relevant that my friend''s dad has put quite a considerable amount of time and labour into improving the property in Spain to make it habitable (although it is some way off being described as this!) ...

any tips gratefully received, thanks!

  • NoWhereToTurnl
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07 May 12 #328919 by NoWhereToTurnl
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I think it would be worth your friend having a "free" conversation with a reputable solicitor asap and not respond to her ex. It sounds like he is bluffing and the fact he is now married to the OW will be the driving force.

If the children are his, he would not get 50/50 split of anything.

Good luck and please do some homework to get a good solicitor who will save expenses in the long run.

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07 May 12 #328928 by dekhelia
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That''s very encouraging to hear, thanks.

It''s clear she needs to get professional advice.

  • sexysadie
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07 May 12 #328941 by sexysadie
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If they weren''t married this might be complicated. The property is in her name but some of the value came from joint property in the UK. So there could be quite a fight if it came to court.

On the other hand, the cost of fighting might be more than the cost of paying him off. Maybe she could offer him £5000 or so as a final settlement?

Best wishes,
Sadie

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