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What are we each entitled to in our divorce settlement?

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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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Clean Break/ Has X remorgaged

  • tesiwaka
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06 May 12 #328810 by tesiwaka
Topic started by tesiwaka
Hi everyone.....Just to mention that my divorce is finally over, however I am now very worried whether I did the right thing by agreeing to a Clean Break at an FDR recently. I know its water under the bridge but still am very curious to know. It was also rulled that the matrimonial home be sold (X hubby lives there, I''m renting with kids) and proceeds of the profits divided equally after sale. The house is now on the market but a couple of weeks ago I noticed the for SALE board was down. When I confronted ex he said it had fallen down by the winds and that estate agents were coming to replace. However when I rang estate agents up they knew nothing of the fallen board. I then heard from my then neighbor that ex had told her he had temporarily removed the sign because he was getting someone to fix a leak in kitchen. I am now very worried that he is up to something. Is it possible for him to remorgage the property after such a court order had already been passed? Please advice how to go about finding out if he has, or what else you think he might be up to (house is in his name only).

  • LittleMrMike
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07 May 12 #328837 by LittleMrMike
Reply from LittleMrMike
Snag is, what proof do you have ?

I agree it''s fishy taking down the For Sale sign because he was having a leak fixed. But I guess it''s possible he didn''t want viewings if the property was flooded !

There are two or three possibilities I think.

1. Apply for further Directions preventing your ex from re-mortgaging
2. Or apply for an injunction ;
3. Or, register a pending land action.

But with all three of these a Court will not act without evidence.

You''d need to discuss this with a solicitor. The third option is easily the cheapest of the three.

LMM

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