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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.

 

House Valuation

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09 Feb 08 #13360 by markp
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hi josh2008
when a home rights notice is put on a house their do inform the person whos on the deeds. my s2bx walked and put home rights on the house and i recieved a letter from the land registry dept. the week after

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09 Feb 08 #13363 by topaz
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also experiencing this problem,x wants £25,000 above market price of MH,so that I can't afford to buy him out.took advice given by a very helpful sol on wikivorce other day, contacted a surveyor who said ,he is usually only called in to do a valuation by the courts(judge)if he had done it at my request it would be invalid as not A truly independent valuation. I've instructed my sol that I'll go 50/50 on a surveyors fee if have to. I'm waiting for x's response to that.I rang the 3 estate agents who did the valuations last year ,which x agreed to ,and they laughed! one called it a ridiculous figure, one said what planet had he been on and the other doubted his sanity especially when x insists prices have not fallen in past few months.personally in agreement with all three!
this surveyor said his fees were fixed by the court and no extras added on so would be £275.

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10 Feb 08 #13389 by megan
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Sorry to but in to this disc. but as everyone seems very knowledgeable about houses I thought I'd ask. My H wants to sell fast so he can start new life with her.I was thinking of suggesting he give me a fixed amount for the house and then he can sell at whatever price he wants and as fast as he wants. Does this make sense?

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10 Feb 08 #13391 by Jacko
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markp wrote:

hi josh2008
when a home rights notice is put on a house their do inform the person whos on the deeds. my s2bx walked and put home rights on the house and i recieved a letter from the land registry dept. the week after


Well on my limted knowlege this is done so that the property canot be sold without the agreement of both parties.

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10 Feb 08 #13392 by Ladybelle
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Josh2008 wrote:

As an afterthought have you registered your home rights against the FMH, if not let me know and I will send you the information to do it.

There is no cost involved and a very simple form to complete, which can be completed online, printed off, posted and they usually deal with it by return post.

They do not notify the registered title holder, but they do let other interested parties, building societies etc know.

Once it has been registered, the property cannot be sold without your consent.


Can you elaborate on this for me please ? Is this something I should do myself ? What does it mean and entail exactly ?

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10 Feb 08 #13394 by Jacko
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megan wrote:

Sorry to but in to this disc. but as everyone seems very knowledgeable about houses I thought I'd ask. My H wants to sell fast so he can start new life with her.I was thinking of suggesting he give me a fixed amount for the house and then he can sell at whatever price he wants and as fast as he wants. Does this make sense?


Well as long as you both agree to the terms no matter how biased the settlement is in favour of one party or the other there is no reason you can’t do it. However you should get the arrangement formalised through a solicitor. Us humans being the fickle creatures that we are tend to change our minds so best cover your back. Also as circumstances change so do our needs. You don’t want a former partner coming back in 18 months and telling you they want more!!


Sadly in most cases we all seem to end up by arguing about the finances so the majority of AR cases either get decided in court or in the court building corridors when both parties solicitors strike a workable solution. In the end for some being forced into an agreement is still preferable to the uncertainty of a court order that neither party is particularly happy with!

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01 Jul 08 #30042 by 5t3v3
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I have just been in this situation. We didn't agree. She got ludicrously low from buddy. I could have got one from reputable source before FDA, but my solicitor said that if you have differing opinions, then the judge will just order an independent valuation. And he did. One sided names 3 surveyors and the other side picks one. You go 50:50 on the cost.

You don't need to have had a valuation before hand to insist on this. But some evidence as to why you disagree, e.g. bears no relation to growth of market since purchase, neighbours etc. just to show you are not taking the p!$$

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