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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.

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solicitors advice?

  • SerieA
  • SerieA's Avatar Posted by
  • Senior Member
  • Senior Member
08 Jan 08 #10231 by SerieA
Topic started by SerieA
Hi, so i finally got a phone call from my sol. secretary this afternoon, (solicitor is unwell) the advice given?? "to sit back and wait for the eviction notice/reposession order to arrive" Is this right? according to extb "the house is worth nothing so therefore its not worth hanging on to it, (£115000 outstanding mortgage, valued at £147500:huh: ) until son is older, if sold will only get £125000. :lol:This will leave myself and son with nothing apparently to which he will gladly pay £77.00 per week CM and nothing else, we can apply for housing with local council so we won't be homeless" :dry:Should solicitor be allowing this to happen xtb can certainly afford £905 per month mortgage as well as CM, (SM not asked for by me if mortgage is paid or contribution made), he lives with floosie he cheated with in housing that she gets through her employer, has a take home pay minimum of £2600 per month as opposed to my £562.00. Should i just sit back and wait or is there something else solicitor should be doing!!! Help.

  • Specialdad
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  • Platinum Member
  • Platinum Member
08 Jan 08 #10239 by Specialdad
Reply from Specialdad
On £2,600 he should be paying 15% which is £390 per month or £90 a week.

You must contact the council to get housing.

The court will not force him to pay the full mortgage but you may receive some SM till you receive council housing.

  • soulmanuk
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  • Elite Member
  • Elite Member
08 Jan 08 #10241 by soulmanuk
Reply from soulmanuk
i am in a similar position, only the default is on a secures loan and not the mortgage, sol told me not to pay and let them take me and the stbx to court. we will both have to prove that we cant pay (i cant as iam paying as much of the debt, she is paying nothing and living debt free with her new bloke)
in my position they will have to look at the cost of paying the mortgage company and there costs and see if there is enough to pay the debt.
the other option was to go to court and make the loan company an offer of a monthly payment that i can afford and let the judge decide on the out come. they have been threatening me for 6 months and i am still waiting for them, as soon as i mentioned my divorce had started they backed off on me and have now been on to my stbx as she set a direct debit up and cancelled it before making a payment so it is her that as defaulted. basically its a race to who is getting her to court first me or the loan company, they have more chance of payment if i beat them to court will now in 2 months

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