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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.


What Percentage of house sale

  • somedayhappy
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05 Aug 14 #441409 by somedayhappy
Topic started by somedayhappy
Hi, First post, I will try to write my question in as simple terms as possible as it all gets on top of me.
I have been going through separation for 3 years with no financial agreement decided. The ex will not attend mediation and gets legal aid due to stopped working when we split.
I have to pay for advise and still not got this over with, anyway I would like to sell the house and move. We are not married and own the house in joint names ( cannot remember which one its called on the deeds but it leaves it open to ague how the shares are split, I was told by my solicitor it was like a business partnership)
I have been paying the repayment mortgage for 3 years with no help from the ex, he has only just started paying CSA in the last 3 months. I have been making big improvements to the house to increase the value as I need to buy a 3 bed house for our children. Boy aged 11 girl aged 15. My solicitor offered the ex a 50% split on the house valuation done a year ago before I made the improvements. The Ex has said NO, he will now pay half the cost of the improvements in order to benefit from the new increased value. Do I have to agree to this ? or is there a legal augment he has not paid into his investment over the past 3 years so why should he benefit now.
I am trying to move because this is what my sons councillor has recommended

  • WYSPECIAL
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05 Aug 14 #441420 by WYSPECIAL
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Who is living in the house?

It is usual for whoever lives there to pay the whole mortgage. The argument being that they are not paying rent to the other owner whilst having sole use of their half.

Not an expert about the improvements but I wouldn''t have thought he would have to pay half towards them to benefit from the increased house value. Was he consulted and agree to pay towards them before they were done?

  • MrsMathsisfun
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06 Aug 14 #441481 by MrsMathsisfun
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This is a difficult situation as the law is completely different when your not married.

  • Hopeful2021
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21 Jan 21 #515419 by Hopeful2021
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Hi

I hope you managed to get things sorted - can i ask how it went please. In a very similar situation - Thank you and stay safe

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