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First Hearing due soon

  • AWdivorce
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2 years 11 months ago #497456 by AWdivorce
First Hearing due soon was created by AWdivorce
My ex husband is living in our marital home that we both own jointly. He had an affair and this was going on for about 8 years however it was me and my son (not his son) who ended up having to move out into rented accommodation.
We have been split up nearly 3 years and I still haven't had a penny from our split. He has recently cashed in a big pension and is merrily spending the money whilst living in our house. He is paying only the interest on the mortgage account and has his girlfriend staying over most nights although she has her own rented house.
I'm now having to take him to court. We don't really have any assets other than the house. We both have a car, he has the pension.I paid for our divorce as he had our marriage certificate and wouldn't hand it over so my solicitor suggested I pay in return for getting the certificate (we married in Cuba so difficult to get a copy)!
We were together for 13 years married for 3 of them. No children together. The first hearing is in January. I'm wondering what to expect. I'd like my home back!

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  • polar
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2 years 10 months ago #497826 by polar
Replied by polar on topic Re:First Hearing due soon
Doubt if you will get the house back per se. You will have to come to some sort of agreement on who gets what.
As you say you will in all probability have to use a solicitor.
In the meantime get all your records of finances/dates etc up to date plus the questions you want to ask or instruct a solicitor. You dont want to spend money on hours of explaining to a solicitor at £200+per hour !!

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2 years 10 months ago #497920 by AWdivorce
Replied by AWdivorce on topic Re:First Hearing due soon
Thanks for the info. I'm currently getting everything ready. I can only hope I might get my house back. He can't afford to buy me out, I can afford to buy him out so guess it all depends on who the judge thinks can stump up the cash first!

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2 years 10 months ago #497931 by Jo1234
Replied by Jo1234 on topic Re:First Hearing due soon
I would suggest same as polar, get as much information together as you can, anticipate any argument the enemy might have. It's surprising with little bit of diligence what information you can find out. I found banks etc extremely helpful in providing historic documents.

I gave my solicitor a time line with evidence of cashed endowments shares etc. I even managed copy of his accounts which proved to be a godsend especially as he has developed selective memory loss. !!

I always think it's better to have it and not need it than not to have it and need it.

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2 years 10 months ago #498051 by AWdivorce
Replied by AWdivorce on topic Re:First Hearing due soon
Thanks so much. I've not got his completed form E back and he's contradicted himself where his salary is concerned. He's a self employed taxi driver and his tax returns show an earning of around 6-8K a year (lie)! He's included a spreadsheet of his earnings however and this shows he's earned over 8K already in 8 months!! Plus he's saying he has a bad back and under docs orders, he's only allowed to work 5 hours a day. This means earning 6K a year, if he worked 5 hours for 365 days a year, he'd only be on about £3 an hour!! Looking forward to my day in court!

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2 years 9 months ago #498861 by AWdivorce
Replied by AWdivorce on topic Re:First Hearing due soon
Update. Went to first court hearing. Judge asked me what I wanted. Said I want my home back. He asked if I could afford to take over mortgage and buy ex out (his share of the equity). Told him yes I can, he adjourned court for 8 weeks and told me to get a mortgage. so basically, I've got my house back, the mortgage has all gone through so I'm just waiting to get everything finalised. Happy days!

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  • Clawed
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2 years 9 months ago #498864 by Clawed
Replied by Clawed on topic Re:First Hearing due soon
It's great to hear when things work out the way you want them to I hope you'll be very happy back in your home.

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