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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.


Partner wants to force property sale.

  • tintop642
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19 Jul 12 #344247 by tintop642
Topic started by tintop642
Hi,

I have a jointly named mortgage (50/50) with my ex-partner who left the property at the beginning of Feb 2012.We are not married and have no children.
The property is negative equity (£14000 approx),I have continued to financially sustain the mortgage, comfortably,and a change of title application has been submitted to the lender.
She has not contributed to the mortgage since she left.
The lender is comfortable with the title change given financial security whereby my Father will replace her name on the title.
The "transfer of equity" process is with my conveyance solicitor and the "TR1"has landed with my ex but now there is a snag.
My ex insists, with grievance, that I pay for her legal representation to continue with the transfer as she needs the representation but cannot afford it.I am absolutely not doing this as originally she accepted that she could self represent and i''m not paying another solicitor to check my solicitors work where its only in her interest!!
As I won''t budge on her demands she has recently threatened to force sale of the property, willingly face bankruptcy, to clear her name from the property and mortgage.

Can she actually do this and what process will she need to undertake to try and achieve her threat?
Will she need a court order to force the sale at a cost to her?
As long as the mortgage payments have been kept and there is security for it as the lender sees it would this counter her forced sale in court?

All help and comments appreciated.

  • sexysadie
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19 Jul 12 #344249 by sexysadie
Reply from sexysadie
Just do it - it won''t cost much and it will get the whole thing over with.

Best wishes,
Sadie

  • upbeat
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19 Jul 12 #344275 by upbeat
Reply from upbeat
I am not by any means an expert but if the property is in neg equity then she should really wise up, as I say im not a expert but if she willingly face bankruptcy then there are consequences. Maybe she doesn''t realise this or someone has told her its not that bad, either way seems she is very upset. Have heard of a TR1 this is a court order? if so then why would you have to pay her costs, if not decided in court? sorry questions to your questions but.... I think what you are offering is a get out of jail card for both of you and cant see unless underlying issues it being a problem. If there is a worry that she will try to sell the house, keep in contact with all mortgage companies ect and ask they inform you of any changes before action!!!!! if she is worried about the legal terms in the contract then maybe ask you solicitor to attach a interpertation document? not sure if they will do this but worth a try to save costs, ask on the site if this is acceptable? if its not then why not we are not all legally trained after all, and it might help you understand it as well, so double bubble :)we try to bumble on :)

  • tintop642
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21 Jul 12 #344466 by tintop642
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Can anyone confirm that my ex would need, at her cost, a court order to force a sale with or without me objecting to it?

If so what is that likely to cost her?

Thanks.

  • Honestasthedayislong
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15 Jan 13 #374466 by Honestasthedayislong
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Just to let you know, I''m Tintop 642''s ex-partner. I left the propery under duress because of emotional and physical abuse - not through choice. The agreement (under duress) was that I would leave all contents in the property (which I paid for - Tintop642 never paid for anything) on the agreement that Tintop642 would pay my legal fees to get me off the mortgage and title deeds. Unfortunately on the day I left the property I was forced to hand over the key so I had no access to the property to recover my belongings and Tiptop642 went back on his agreement. Thankfully after almost a year of legal negotiations it is all finalised but I am surprised by the responses on this page by people who will respond to a one sided story which is fabricated from paranoia and lies...

  • rubytuesday
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15 Jan 13 #374477 by rubytuesday
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While it is not unusual for both parties in a divorce/separation to be here on Wikivorce, occasionally they do "find" each other, as has happened here.

Our ethos here is simple - all members deserve respect and support, and that also extends to ex-partners posting on each other''s threads.

Honestasthedayislong and Tintop - your ex-partner is entitled to post from his/her perspective, as are you, and I suggest that you (both) refrain from any kind of mud-slinging or conflict on the forum, and use the forum to reach an amicable agreement to resolve this situation. Ultimately you will both want a resolution so why not make the most of the free advice and information?

Ruth

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