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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.


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Joint account proceedure

  • EmpireState
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02 Jul 20 #513114 by EmpireState
Topic started by EmpireState
While trying to sell jointly owned matrimonial home, as per Consent Order, vindictive ex-wife has taken me off the council tax roles without my my knowledge or agreement. This could raise serious government capital gains for me if she uses this against me with inland revenue.

Can one joint owner change a joint account without the other’s knowledge?

The Wiltshire Council is reluctant to reverse their decision.

E

  • rubytuesday
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02 Jul 20 #513115 by rubytuesday
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Are you still living in the house, or have you moved out?

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02 Jul 20 #513120 by EmpireState
Reply from EmpireState
You ask another question which I will answer next. But number one - can one joint partner change the terms of their joint account without the other partner knowledge?

We needed both to agree to list our house, to change our mortgage terms, to show the house and even our joint Master Card details.

Answer to Q2 will follow shortly.

Thanks for your response.

E

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02 Jul 20 #513121 by rubytuesday
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If you no longer live there, then your ex spouse is obliged to inform the local council of the change in circumstances. She doesn't need your consent or involvement to inform the council of the change in circumstances.

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02 Jul 20 #513123 by EmpireState
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Oh no! I wrote a long detailed reply to answer your second question only try to sent it once I was logged out, I think I lost it.

To sum up: NEVER did I intend to or actually did I, vacate my matrimonial home.

I’ll try to rewrite my detailed answer, if you’re interested.

Thank you

E

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06 Jul 20 #513157 by EmpireState
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“If” is a very big word. My question is did I vacate my matrimonial home?

Legal definition:
The term vacate has two common usages in the law. With respect to real property, to vacate thepremises means to give up possession of the property and leave the area totally devoid of contents. Tovacate a court order or judgment means to cancel it or render it null and void.

Reason I’m worried: tax implications.

Never did I intend to, or actually did, move out of my matrimonial home. Most of my clothes, all of many family heirlooms, two motor vehicles, my doctor’s surgery, all my bank statements, credit card bills, other bills, etc., go to my matrimonial home. My cars are serviced and MOT’d locally, etc.

My ex and I have been working under a court issued Consent Order made in 2015 in which we agreed to put our jointly owned matrimonial home on the market for sale by September of that year (2015). The reality is my ex doesn’t really want to sell and has been spinning us about since that time, doing dirty little tricks to prevent its sale.

In 2017, my ex, went to the local counsel to have me removed from the tax roles, retroactive back to 2015, without my knowledge or agreement. She used a phony affidavit to tell the council I had left..

This of course is not true in terms of vacating the property. In any event, I know many happily married people often spend long periods of time away from their matrimonial homes. In my case, because of the divorce situation, I have been spending more time at our jointly owned flat in London, being fully aware of tax consequences upon the sale if I had permanently moved out. She presented a phony affidavit to the council which they accepted, struck me off the roles, and never bothered to notify me of this event. I discovered this event only last year in 2019.

I am at the second and final level of complaint with the council, but I’m afraid they will decide that they followed their proper procedures, thus protecting their own.

Not sure what I should do next to solve this problem.

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