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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.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

House Valuation

  • markp
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08 Feb 08 #13300 by markp
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i live in an estate where most of the houses are the some design and layout, the estate agents used some formula that used the price of the last cuople of house sales in the street and added a percentage for each year since then

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09 Feb 08 #13346 by Josh2008
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Scottish lady

Here is a wonderful tool to help you in your task; the link below contains the actual sale prices of properties sold in your area

www.mypropertyspy.co.uk

You will need to register to find out houses sold and prices paid

Once registered enter your post code and the houses sold in your area will be displayed.

Note the types of property in comparison to your own and then look at the date of sale, it should give you an idea as to whether or not your home valuation is about right.

If you can arm yourself with some of this information, I would expect that it can only be to your best interest.

I still fail to see how a judge can force the situation in regard to an agreement between you and H, if H isn't playing ball then all you can do is present what you can and surely the judge can see that.

The more information you have the better.

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09 Feb 08 #13350 by Josh2008
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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.

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09 Feb 08 #13351 by IKNOWNOW
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Karen, my solicitor has just told me that it is likely that my x2b will argue the valuation on the FMH also. I had 2 valuations done back in August of last year; one for £165K the other for £175K. Only the Estate Agent that valued it at £165K would put that in writing, so that is what I put on my form E. My x2b to this day has not had the house valued yet put £175K. I went back to the Estate Agent that valued it at £165K just before I filed my Form E to ensure the valuation remained the same and owing to the unstable housing market he said that was at the top end of the valuation now.

I know my x2b will not trust an Estate Agent to value the property as he would not be allowed to escort him due to the Occupancy Order. I really think it will be a waste of money to argue over £10K and may suggest a mid way valuation of £170K. It is all fairly irrelivent as I am likely to get the house outright and in the grand scheme of £5K of his share of pension I just think instructing an independent valuer is a waste of money and time more importantly.

May check out the website Josh mentioned and go armed with evidence.

Good luck Karen, but I guess your x2b is like mine and likes to control the situation.

Regards, Sarah x

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09 Feb 08 #13354 by scottishlady
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Thankyou all for your comments....

Josh... yes, registering the marital home rights on the property was the first thing I did (once I'd figured out he'd left me)...
I have checked the website you mentioned.... the last house sold on this street(which has 18 houses on it, all virtually the same) sold for 185K... in July 2007... so, I am figuring the valuation of 195K is accurate...

Sarah.... yes, ofcourse, you are right.... my STBX wants very much to 'be in control' of the situation...
I also find it a pointless exercise to pay for a 'court valuer'.... but, seems, I may have no choice... hey ho... just another example of 'his' silly arrogance..

Thanks again
:)

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09 Feb 08 #13355 by scottishlady
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On second thoughts.....

Just rereading what Josh and Sarah wrote.....
What if....
I can obtain, say, 3 or 4 valuations, from local estate agents?.... is it still a case of him saying "I agree"???...
I can try to do this... but, at the end of it...if
he's still going to say "I don't agree"... and the court has to appoint a 'valuer' anyway... doesn't seem to be much point in me trying to obtain these valuations????

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09 Feb 08 #13359 by puffafish
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I had a valuation done which was £165,000 - £175,000 by an estate agent which cost me £150.00. My stbx had a free one done by another estate agent which was £195,000. The solicitors then said that neither valuation would stand up in court unless it had been done by a chartered surveyor. This cost another £300.00 between both of us and he valued it last week at £165,000. I'm annoyed at losing £150.00 for the first valuation, so make sure you get a surveyor before paying any money out!

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