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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 Refusing a Buy Out

  • thx2001
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04 Jan 20 #510907 by thx2001
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My wife and I are going through separation and we have a joint mortgage. She is willing to sell the house outright and split the equity on the property. On the other hand, I do not want to sell the house and would rather buy her out by refinancing the property but she does not want me to do this either. So she is insisting on only selling the house to a third party. :(

what can I do to get she accept a buyout?

  • WYSPECIAL
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04 Jan 20 #510908 by WYSPECIAL
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Point out she’ll get more money if you buy her out as there’ll be no estate agents fees etc and she will also get her money much quicker

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04 Jan 20 #510910 by thx2001
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Thanks. But I have already told her all that and she still refuses. To her it is symbolic. She does not want me to end having what we built together under any circumstance. Can you believe that?

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05 Jan 20 #510915 by WYSPECIAL
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thx2001 wrote:

To her it is symbolic. She does not want me to end having what we built together under any circumstance. Can you believe that?


A lot of people feel like that at first especially if angry.

You need to post more details of ages, incomes, all assets, children and length of marriage for people to be able to give a fuller opinion.

What is the current situation? Who is applying for the divorce and who is living in the property? You may find one of you wants to move on as things progress so that may have an impact.

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05 Jan 20 #510916 by thx2001
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I am 47 and she is 44. I earn £60K pa and she earns £40pa. We have no children. We bought the house in Feb 2015. She came up with the deposit and I have been paying the full mortgage from then up till now.

No one is filing for divorce yet but it is clear that is where we are heading. We are currently separated. She moved out of the house on her own, I didn't exert any pressure for that to happen, we were not just happy together I guess. So she is living in another property she rented, and I am the one living in our house. She will not tell me where she lives currently and she is suggesting we should sell our house to get her own share of the equity on the house and I do not want to sell.

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05 Jan 20 #510918 by WYSPECIAL
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Sit tight then.

You're paying the full mortgage which you’re happy to do and have sole use of the property.

When she wants her share of the equity and freedom from the joint mortgage in order to buy somewhere else and move on no doubt she will come forward to negotiate.

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05 Jan 20 #510919 by thx2001
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Thanks.
B)

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