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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.


Never Married but Joint Owners on House

  • Millie73
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25 Jun 12 #339020 by Millie73
Topic started by Millie73
Hi

I''m posting for my friend - I did ask similar info before but I got the facts wrong!

Here it is: 25 years living together, joint owners on property - children 14 and 16.

Friend has had enough and needs to end the relationship. Youngest wants to go my friend. The stbx is refusing to sell. Friend needs the house sold to buy somewhere for her and youngest. Stbx is also allowing the house to fall into disrepair which we think he is doing so he can buy her out cheaper. He has a very large amount of cash savings sole name and their is a joint endowment.

Is there anyway she can force the sale and gain a larger percentage than 50/50. He is refusing her any share of endowment saying she hasn''t worked (stay at home house wife but small part-time pin money jobs). It''s a joint policy so I''m sure she has nothing to worry about.

Has she any chance of getting some of the savings - all in his name. Ideally she wants him to buy her out but at the moment he is refusing to do anything.

I would guess friend needs specialist advise and her income is low - works less than 16 hours per week, term time only. Who would she need to see and what areas of law would they need to be looking into?

Many thanks

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25 Jun 12 #339029 by cookie2
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Millie73 wrote:

Is there anyway she can force the sale

Yes, she can take court action. Since they are unmarried this will be a civil matter.

and gain a larger percentage than 50/50.

Extremely unlikely.

Has she any chance of getting some of the savings - all in his name.

No, I''m afraid not.

Who would she need to see and what areas of law would they need to be looking into?

Since they are not married it would be civil law rather than matrimonial. However the same solicitors generally deal with both. It''s completely different laws but solicitors are usually "family law" solicitors which covers married and unmarried.

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25 Jun 12 #339055 by Millie73
Reply from Millie73
Thanks - friend is frightened of the costs of solicitors - is it possible she can force the sale herself?

  • hawaythelads
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25 Jun 12 #339059 by hawaythelads
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She''ll get 50/50.
If only she had bought the golden marriage certificate of life she would have been looking at 70/30.

All the best
Pete x

  • Millie73
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25 Jun 12 #339073 by Millie73
Reply from Millie73
Think she will be happy to get the 50/50 but would like to know if she could force the sale without instructing solicitors - could she do this at court if necessary without legal representation?

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25 Jun 12 #339098 by cookie2
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Certainly worth seeing a solicitor since the initial consultation is usually free. And usually in civil litigation, the winner gets a costs order also. Certainly I would ask about this in the initial consultation.

As for doing it without a solicitor, I''m not too sure since my area of knowledge is marital not civil law.

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26 Jun 12 #339205 by Millie73
Reply from Millie73
Thank you. Valued information and I will pass it on to her.

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