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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

  • TBagpuss
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26 Jun 12 #339291 by TBagpuss
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She can apply for a declaration ofownership and an order for sale. The relevant law is the Trust of Land and Appointment of Trustees Act (ToLaTA)

As others have said, this is classed as civil litigation, and as such a different set of rules apply - generally, civil lit rules tend to be more strictly applied than Family Proceedigns Rules, especially with regard to time limits and cots issues, so it would be sensible for her to get some advice first.

If her ex is not looking after the hoseu she may want to get a survey / valuation / photographs now so she has some evidience of this.

If the endowment policy is in joint names then she has as much right to it as him. The insurance company won''t pay out to one ofthem without the other''s consent.

She doesn''t have a calim agfainst his savigns but might potentially have a caliam under the children act on her child''s behalf, if needed to support the child.

  • Millie73
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26 Jun 12 #339297 by Millie73
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That''s fantastic information. Thank you very much.

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13 Nov 14 #449128 by Millie73
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UPDATE

Situation hasn''t progressed much in the last 2 and half years. My friend couldn''t take anymore of the emotional abuse and is not sofa surfing at my house. Children are now 17 and 19. Eldest at work and youngest on a part-time college course.

Been to mediation to try to get him to either sell or buy her out. He is adamant that he won''t have to do anything until youngest has left college.

House is completely mortgage free and owned as tenants in common. I''ve agreed to help her force the sale but she doesn''t want to involve solicitors because of the costs.

I''m look at the Court Claim Papers but I don''t know whether it the claim should be made under the Trust of Land and Appointment of Trustee''s act or whether it should be filed under a different act.

Grateful if someone can advise.

Kind regards

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