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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.

 

Help - Legal status

  • fredoz
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10 Jan 09 #77747 by fredoz
Topic started by fredoz
Hi all,
This is my first post on here so please excuse me if i have put it in the wrong place. I'm after a bit of advice if someone doesn't mind. I have one child from a previous relationship (aged 10) and my husband and I got together 6 years ago. We were married in Aug 05 and now he is going to move to Australia as soon as the house sells. Neither of us have committed adultery but I don't want to go and he's not prepared to stay here.
The problem I have is that the house is in his name and the mortgage is too. The house is up for sale for 120K and there is a 50k mortgage outstanding. I don't know where I stand legally and dont' know who to ask either.
He says that he can sell the house and won't let me buy him out unless I give him the full market value and I have no claim to any part of it despite contributing to the house since we got together in 2002

  • Fiona
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11 Jan 09 #77764 by Fiona
Reply from Fiona
I think it's a good idea to see a solicitor early on and find out where you stand and what your options are. The priority is the welfare of dependent children of the family (not just natural children of the marriage) so your child's housing needs are a major factor in determining a settlement. Although the house and mortgage are in your husband's name you are entitled to live there and need to register matrimonial home rights so the house isn't sold until proper arrangements are in place. There's a leaflet here;


www1.landregistry.gov.uk/assets/library/documents/lrpg020.pdf

and a form here;

www1.landregistry.gov.uk/assets/library/documents/hr1.pdf

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11 Jan 09 #77826 by fredoz
Reply from fredoz
Thanks a lot Fiona, I'm gonna have to seek a solitors advice i think, the form states that a copy will be sent to him as soon as i register it so i think i'm better holding off until i've spoken to a solicitor just in case it makes things worse and then i end up worse off if that makes sense

Thank you so much for the form though i'll fill it in in preperation and get all the background information prior to goign the solicitors

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