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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.


More Advice Needed Please - Marital Home

  • worrier1
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20 Sep 12 #356966 by worrier1
Topic started by worrier1
Hi All,

Would really like some advice/information on this please (i know, another question).

I am currently ''Joint Owners'' in the MH.

I have just received the following from my stbx''s solicitor via mine.

x2 forms of Notice of Severance of Joint Tenancy. It say''s that stbx (stbx has signed the bottom of the form) that "I give you notice of my desire to sever the joint tenancy in equity of and in (MH address) now held by me and stbx as joint both at law and in equity.

Tried calling Solicitor, surprise - he''s out of the office.

Could someone please explain what this all means?

My understanding is that the only options that may be available regarding the MH is either of us buy''s the other one out??

All advice, information will be very helpful and appreciated.

Thanks

  • LittleMrMike
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21 Sep 12 #357040 by LittleMrMike
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Dear me, I must have got out of bed the wrong side today. I seem to be telling off everyone all over the place. I assure you I''m really quite harmless.
First impression : the wording you have given is not, definitely not, what I would have expected.
What I would have expected , instead of ''joint both at law and in equity'' is tenants in common in equal shares both at law and in equity. Are you sure you have got this wording right ?
This is standard practice and you can take this off your list of things to worry about.
If you want to know what this is, and why it is done, I offer a reference to an article I wrote which explains the subject in more detail.


LMM

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21 Sep 12 #357054 by worrier1
Reply from worrier1
They are the exact words listed on stbx''s solicitors form.

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21 Sep 12 #357059 by worrier1
Reply from worrier1
That article was really good, thank you.

I am baffled as to why my solicitor insisted only up until now that i carry on paying utility bills. (all i am paying now is Gas/Electric as it''s still in my name) and the mortgage (my half). I have been paying my half of the bills for the past 5mths. stbx has paid nothing.

Stbx still gets to live in the MH bill and mortgage free (why, because that''s just how it is). I have been forced out of the MH for complete and utter lies he has told. Please someone tell me how the hell this is fair!!!!!

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21 Sep 12 #357060 by LittleMrMike
Reply from LittleMrMike
Well, in my early days, I used to do mental magic tricks involving thought reading, but no, this is not an example of my psychic powers, it is just that I know what is normal.

That is what I expected and it is not thing to worry about, and in any event you can''t prevent it.

If you want to know why you don''t need to worry, please see my article.

LMM

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21 Sep 12 #357065 by worrier1
Reply from worrier1
So is this the ''norm''? to expect someone to lie so bad that i get called to the police station, forced out of my home, still pay all the bills, have to have a police escort to collect clothes incase stbx tries to make up more lies, pay my half of the bills and he sits there and pays nothing,lapping it up.

And why, because i asked for a divorce

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21 Sep 12 #357071 by LittleMrMike
Reply from LittleMrMike
No, but it is the standard form of words used to sever a joint tenancy.

LMM

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