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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.


who gets the house

  • scaryspice
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02 May 12 #327943 by scaryspice
Topic started by scaryspice
Can anyone help me here .
We were together 25 years ,married 18.
I bought the first house and have paid towards the mortgage for all subsequent houses .
I want the house .I can''t afford to buy him out and after all that has happened I think he should let me have the house as I will be looking after our 2 children in it for at least the next 8 years .
I do not feel he has any right to the house and I need to know if I have a good case to fight for the house .
Thanks.

  • jonathancj
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02 May 12 #327954 by jonathancj
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If you get the house, what does he get? Clearly he can''t leave a 25 year relationship with nothing. You could have the house until the children leave education and then split it. How would that suit? The down side is that he can''t move on for up to 8 years and you know that you''re going to have to sell up then, but it may be the best that can be managed. How much equity is there?

  • somuch2know2
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02 May 12 #327956 by somuch2know2
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Why would he not have any right to the house?
Has he not paid towards the house or anthing in the house?

What ''all has happened'' for you to deserve such a large chunk of equity?

Surely it doesnt matter who bought the house as you were married for all those years- therefore surely the starting point is 50/50?

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02 May 12 #327969 by scaryspice
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He had an affair for two years then walked out to go and live with her.
He gets to keep his wages and only pay child maintenance.I have said I will not touch his pension.
I have worked part-time ,and looked after the kids and also earn 40% of the net income .
He walked out - why should he get anything?

The equity on the house is about 190,000
I would have to downsize and as he has reduced our net income by60% my standard of living has gone down drastically .

  • julie321
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02 May 12 #327970 by julie321
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I am with you Scary, I am in the same position. She has a house they have two incomes, I willont be able to afford to purchase another property as will not get a mortgage on my wage and at age 55 and my kids loose the only home they have ever known.

However the law does not take feelings into account so I know I will loose my home so he and Ow can feather their nest.

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02 May 12 #327971 by somuch2know2
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Because you were married and he contributed to the family existance through his salary.

''he gets to keep his wages''- You talk as if he is just given a paycheck every month, I am sure he works hard for what he earns- and a percentage of that goes to you to support the children.

Hate to break it to you, but the courts arent interested in who did what. This will be purely financial. If you walked out the end result would still be the same.

For people to help you, you need to give
your age
his age
ages of children
total assets
total liabilities
your salary
his salary

You will get a mix of outcomes but they will all tell you, he is getting something. May it be a mesher order, or some of the assets in the house.

Also- if you are young (early 40s) his pension is probably small so not compensation for not getting anything in the house

  • julie321
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02 May 12 #327972 by julie321
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Or in my stbx case he doesn''t have a pension because he couldn''t afford one as he preferred to spend his money on funding his hobbies and going out with his mates, so no battle over that in our financials.

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