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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.

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

Wish I''d found this site earlier!

  • 0ptimist
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06 Apr 12 #322000 by 0ptimist
Topic started by 0ptimist
Hi everyone,

I''m new to this site so I''m looking for advice about life after divorce (pronouncement of decree due in court later this month) with regard to property.

My stbx left the marital home voluntarily over eighteen months ago and she now lives in a housing association property. I have continued to live in the house and pay all household bills including the mortgage. I accept that my stbx is entitled to a share of the proceeds when the house is eventually sold but, as I currently have no alternative accommodation, I am in no position to put the house on the market.

A letter received from the solicitor acting for my stbx indicates that a court order will be sought to ensure that the property is put back on the market and sold within a reasonable timescale. The letter also warns that "should an application be necessary substantial costs may be incurred".

Can I actually be forced to sell?

  • robinson25
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06 Apr 12 #322002 by robinson25
Reply from robinson25
Hi if you have no children living with you then yes i think you have to sell. Unless you can buy her out. A lot depends on how long you have been married, any children earnings etc. if you list them on here one of the the more legally trained of us will be able to give you some answers.

  • dukey
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06 Apr 12 #322003 by dukey
Reply from dukey
Yes you can be ordered to sell the house but only after an order of court, this can only happen after a final hearing, long story short if your ex instructs her solicitor to apply to court a series of hearings begin, tons of paper work must be completed and if no agreement can be made after a year or so a judge will decide what should happen.

The solicitor is right in that if court do become involved and you both use solicitors it will be expensive, think in terms of thousands.

Rather than think of court and solicitors find a mediator, its much cheaper and gives you both a chance to talk this through and bring it to a fairly swift conclusion.

  • 0ptimist
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06 Apr 12 #322029 by 0ptimist
Reply from 0ptimist
Hmmm, it doesn''t sound too promising:(

After selling our respective properties in 1987, we bought the current house in 1988 and lived together for 14 years before getting married in 2001. We are both in our sixties and have grown-up children that flew the nest many years ago.

I still work full-time and my stbx retired around five years ago. She also rather craftily changed the tenancy of the property from "joint tenancy" to "tenants in common" some time ago. She petitioned for the divorce (to which I reluctantly agreed) and is claiming all her costs from me.

Hope this all helps.

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