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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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Something that is worrying me about divorce.......

  • wottaheadache
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14 Nov 07 #6669 by wottaheadache
Topic started by wottaheadache
Hi all

I am just embarking down what I know will be a very long and trying road of separation from my wife. Aside from all the other aspects of the separation/divorce, what I find of greater concern is that we have a huge mortgage (in both our names, as without either of our contributions we couldn't afford it) and I really don't know what is going to happen to the house.

I'd like to sell it and then use the money to set up home elsewhere (and for my wife to do the same), but I've heard that she will not have to sell the house (on the basis that we have a small child) unless she wants to.

Which leaves me up a gum tree, as unless I can break out of the current situation, I can't afford to do anything else.

I'm currently staying at a friends vacant place rent free, which is a God-send, as she asked me to leave - which I did in order to keep the peace.

I've read up loads on the various factors that get considered *if* it all goes to court, but I just haven't got a clue about if we can't decide amicably what to do, what the legal stand point is?

Can she insist on not selling the house, and if so, will I be made continue paying for it as well - despite it being a jointly owned place?

Any advice, not matter how general at this early stage would be appreciated, just so I have some idea of how the land lies - as obviously, I've never been through this before.

My wife has said she won't let things get all silly and enter into huge legal wranglings - which is something we have both agreed on. However, I'm concerned just incase.

Thanks in advance for your time.

  • malee30
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14 Nov 07 #6675 by malee30
Reply from malee30
Hi there,

Im in sort of the same situation, with my wife keeping the house & me moving out. But she can afford to take over the mortgage on her own, so this is fine for me, except I wont be getting any money from the property until my youngest is 18 etc.

I think in your situation it would be different, but I am no expert, if your x2b cant cover the mortgage on her own with maybe some spousal maintenance, then I think the court can rule that the house is sold & the equity divided.

Hope this helps.

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