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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.


House sale

  • Fiona
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25 Aug 12 #351805 by Fiona
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You need a solicitor to look at the terms of the trust to clarify your position.

  • Stumpylad70
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25 Aug 12 #351840 by Stumpylad70
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My house is in need of some repairs, in fact it has done for a while but STBX never did anything about it. I have told her how much I have been quoted by a roofer to do the work, £540 + VAT and she is complaining that she doesnt have the money. Well neither do I but the work needs done.

Its a bit rich for her to say this as she is out at gigs with her friends all the time now. The last one being Thin Lizzy at £30 a ticket. And there are a load of other ones she has lined up. She also has a credit card, which she is adding to the debts to be settled at the point of divorce. She could easily use that to pay her half and use the money from the house sale to pay it off.

Add to this the up front fees to sell the house, and getting a home buyers report, and it adds up to a huge amount of money I have to fork out that I dont have.

I have had to borrow money from my parents for the selling fees and buyer report. My question is, can I make her pay up front for the work needing done and the outlays for the sale or can she just claim poverty and cripple me by making me pay it all and have it deducted from her share?

It is a desparate situation for me I am afraid.

  • soulruler
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25 Aug 12 #351854 by soulruler
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I know it is making you feel despirate but the repairs to the roof are small.

Assuming that the house is going to have to be sold I wouldn''t keep worrying about it and if you are being represented by a solicitor really don''t keep asking them about it.

In reality if your wife refuses to co-operate and refuses to pay and just racks up debts and keeps going out there is very little you can do about it - I really cannot see that you would want to apply to court (which technically might force her) but I think the court would just tell you off for wasting court time.

I think you will have to let it go as it is doing nothing for your mental and financial health.

If it is taken out of her share of the profits of sale it won''t be your problem only hers.

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25 Aug 12 #351858 by Stumpylad70
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That is true. I dont want to end up going to court over this matter. However I cannot afford the money required myself. I will need to borrow more money from my parents to be able to pay for it.

As it stands I am likely to have to pay out in excess of £2000 that I dont have to get the house sold. If she would at least pay me her share then it would get done faster. No more delays. And then I can finally get on with the business of the divorce.

I am trying not to worry too much about it as my parents have offered to help out as much as they can. I just feel bad having to ask them to bail me out of this mess.

I will tell her that she will need to pay for the repairs. After all she is liable for them. If she says no, then it will come from her share of the equity. Along with everything else.

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25 Aug 12 #351860 by soulruler
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I don''t see why you cannot get on with the divorce if all that is involved really is the house.

Also be careful of getting your parents to keep lending and make sure that is not seen as a soft loan.

If you haven''t already done it make sure you have severed the joint tennency to a tennency in common to stop any claim of her debts against your portion of the house.

Expect you have already done that as I know you have been hanging round here for some time.

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25 Aug 12 #351866 by Stumpylad70
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The debts in common have been agreed. Just the car loan and her credit card. On the date of separation that was noted how much was due to both. Any debts either of us run up from that point onwards is our own problem.

The tennency thing I doubt I will need to worry abut as she is renting a place of her own. And I very much doubt she would even attempt to come back here.

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25 Aug 12 #351937 by Fiona
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In Scotland the relevant date for valuations is usually the date of separation and each person is responsible for their own debts after then. There is only one divorce decree and normally it can''t be granted before the financial issues have been resolved and arrangements for any children under 16 are in place.

A joint tenancy means if you die your interest in the former matrimonial home will automatically go to the other joint owner. With tenancy in common your interest will go to your estate if you die. In Scotland it''s different, and it''s usual for most spouses to have an arrangement similar to tenancy in common anyway so there is no need change.

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