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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.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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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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can i refuse to let my husband buy me out

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04 Mar 14 #424546 by playedforafool2610
Topic started by playedforafool2610
We broke up the beginning of November, was a joint decision through no fault on either side , he still says he loves me and cares however things have gone from bad to worse and he has been in touch with a solicitor today and says we have 3 options he buys me out , I buy him out or we sell. The mortgage is in his name we have a 13 year old daughter who is now taking her options he pays £31 a week c/m . I know I can''t get a mortgage and its doubtful whether he can remortgage . I would rather he sells the house and we go our separate ways rather than in 6 months or so he moves someone else in . can he buy out ? Do I not get a say in it? He says maybe in a few months time we could sort things out !!!! Can I not offer to pay some of the mortgage? He reckons its against the law as we are married and its in his name only . I would rather pay half or sell but he says I don''t have a choice as its his house, he has not mentioned divorce or anything like that . its just that he can''t afford to pay the mortgage as well as 300 rent a month ..

  • Fiona
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04 Mar 14 #424557 by Fiona
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It''s difficult to comment without knowing the details. If you can''t agree between yourselves what happens to the former matrimonial it is possible that the courts order the property is bought out and transferred to either spouse. Divorce settlements are a number crunching exercise and I''m afraid your feelings about someone else moving in won''t be a consideration.

HOwever it''s unlikely your husband would be able to remain in the property if you are responsible for the majority of child care. Assets are shared according to a checklist of factors in s25 Matrimonial Causes Act 1973 and unless there is substantial wealth usually the needs of the parties come at the top or near the top of the list. The priority is housing children.

When the former matrimonial home is bigger than required to the children adequately it may need to be sold to release equity to enable both parties to rehouse. If downsizing isn''t an option it''s a case of considering local property prices and each parties mortgage raising capabilities. It may justify a parent with the majority of care receiving a larger share of the equity if they can''t raise much or little mortgage. Alternatively if there is no other way to house children the other parent may maintain an interest in the property and stay on the mortgage until the youngest child reaches 18 or finishes university.

If that happened you would pay the mortgage and you need to check out all the state benefits you would be entitled to and child maintenance, and consider getting a job if you don''t work or increasing your hours to maximise your income. In some cases a spouse maintenance when the higher income spouse pays the lower income spouse monthly payments may be appropriate.

A family solicitor can best advise where you stand and what options there are in your particular circumstances. If you then decide to negotiate between yourselves or with the assistance of a mediator you can do so from an informed position. Some solicitors offer a first free appointment. If you can''t raise the money to pay a solicitor any other way after that it''s worth checking with CAB to see if there are any local law clinics or other sources of free legal information.

Because you are married you have the same rights to live in the former matrimonial home as your husband even though the deeds and mortgage are in his name. One thing you or a solicitor on your behalf must do is register your matrimonial home rights with the Land Registry so the property can''t be sold before there is a divorce settlement in place.

Hope that helps.

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04 Mar 14 #424561 by playedforafool2610
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Thankyou I have already registered my rights . I do work 29 hours a week , I am still awaiting on tax credits etc so I am managing on my wages alone , my eldest daughter from a previous relationship also lives with me in the matrimonial home, she was paying him rent directly into his bank account however he stopped the council tax payments in January and asked them for a full refund from November when he moved out, so she now pays the council tax rather than pay him, I pay all the household bills the only things he pays for is the mortgage which is £512 a month and b&c insurance, I have offered to contribute towards the mortgage as long as it is in writing legally through a solicitor , but he has said it is against the law as we don''t have a tenancy agreement and can''t have one as we are husband and wife, he said he doesn''t want a divorce ATM because he doesn''t know what he wants he still loves me and cares but its not enough however in 6 months time or so we could be OK... So I am really at a loss as to what to do because I still love him and want to work it out.... I really don''t want to leave the house and uproot our daughter and just wanted to know if there is a way I can legally contribute to the mortgage or can he make me get out or buy me out? Like I said he isn''t going for divorce or sorting financial asserts out he''s just said I''ll be getting a letter from his solicitor and these are our options , he buys me out or vica versa or we sell

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05 Mar 14 #424593 by Fiona
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This is what I meant when I said the specific details are important. If your eldest daughter is over 18 and employed she is independent and you aren''t responsible for housing her so you don''t "need" more than two bedrooms for yourself and your 13 year old. Your husband will also need a property suitable for your youngest daughter to stay for contact.

Other relevant information is the value of any assets (including pensions) and liabilities held in joint and sole names, incomes, duration of the relationship (marriage + any cohabitation before), respective ages and the average number of overnights per week your child stays with each parent.

It isn''t possible for your husband to force a buy out or sale. Only the courts can do that and then usually only after the first part of the divorce has been granted. If your husband didn''t pay the mortgage eventually the l could repossess the property. That''s unlikely as it would affect the value of the property and your husband''s credit rating.

In the interim you could agree to pay your husband "occupational rent" or forgo child maintenance payments in lieu of mortgage contributions. However it isn''t a good idea to agree selling or transferring the former matrimonial home until there is a final order settling the finances on divorce, or at least an agreement which has been drafted by a solicitor after full disclosure of any assets (including pensions) and independent legal advice.

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