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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.


Where do i stand ?

  • studland
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20 Jan 08 #11262 by studland
Topic started by studland
I have been married for ten years and moved into my husbands house which he bought before we were married. If we divorce, where do i stand regarding the house, as my name is not on the deeds.We have no children.Would i be entitled to 1/2 or a %.
Thanks

  • attilladahun
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20 Jan 08 #11282 by attilladahun
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It is simply not a simple as that.

eople involved in divorce proceedings almost always want to know on what basis the Courts divide up the matrimonial assets between husband and wife if the Courts have to decide the issue. Indeed, this is what is at the heart of most divorce cases. If there is a dispute it is more likely than not to be about money. In fact, the relevant principles are set out in Section 25 of the Matrimonial Causes Act 1973 which, essentially, reads:-

"25 (1) It shall be the duty of the court in deciding whether to exercise its powers .... to have regard to all the circumstances of the case including the following matters, that is to say -

the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;

(b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;

(c) the standard of living enjoyed by the family before the breakdown of the marriage;

(d) the age of each party to the marriage and the duration of the marriage;

(e) any physical or mental disability of either of the parties to the marriage;

(f) the contributions made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family;

(g) ...the value to either of the parties to the marriage of any benefit (for example, a pension) which ... (by reason of the divorce) ..that party will lose the chance of acquiring;..."

Needs especially housing needs will be important in your case.

Details needed

Ages
Inc & Cap of H & You?
Any pensions?

Did you live with H before marriage?

When you met H what was the value of MH and mortgage then

and now.

  • loobyloo
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21 Jan 08 #11304 by loobyloo
Reply from loobyloo
This standard of living prior to split intrigues me as that has never been addressed in court by dj
Also what is the likely difference between the dj recommendation at fdr and the ruling at fh , bearing in mind much more to be brought to light
Also debt seems to be assumed joint ,it isnt as i have to prove the nature of how accumulated before decided if family debt or not
looby

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21 Jan 08 #11329 by Josh2008
Reply from Josh2008
studland

If you are not on the deeds you may still have home rights

First Instance Go onto the Land Registry site link:-

www.landregistry.gov.uk

Following link to house prices

www.landregistry.gov.uk/houseprices

From here you can input the postcode of the property you are interested in; it will bring up all the properties registered against that post code.

Select the property you want information on, from there you can obtain the Title Register, you will have to pay £3 for this service, it is downloadable and you can save it to your desktop and print out at leisure.

Check to see who the actual title holder is and also who has charges over the property

If your name is not on it, you can apply using form HR1 (very simple to complete) for matrimonial home rights using the Family Law Act 1996

FORM HR1 LINK:-

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

If you have not got adobe reader it is downloadable

Adobe Reader Link:-

www.8-free.com/pdf/uk/v6/index.asp?PID=e...HCh5ECFSG8GgodIzGjGg

I did this and it was returned by next first class post, sent on a Saturday received back with the appropriate charge (In my name) by the following Tuesday.

Once this is done the property cannot be sold without your consent, beware the property owner can apply to have your name removed following Divorce Absolute, but a court can overrule or extend that, whilst there are ongoing finances to sort out.

You can also apply for an occupation order to remain in the property more or less indefinitely even after Abs...unless abuse can be proved...

Loobyloo -

I am amazed as you with regard to 'the standard of living" clause in the act, this really only applies to mega-bucks divorces as it is nigh on impossible for about 99.99% of divorcing couples to have the same standard of living for a good while after divorce.

Perhaps the 'Law Makers' put this in as a laugh, shows they have a sense of humour.

Good Luck

  • Fiona
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21 Jan 08 #11353 by Fiona
Reply from Fiona
Common sense tells us that living in the style people were accustomed to isn't realistic when the same pot of money is shared between two households. In most cases all the courts can achieve is to leave both parties on the same (not necessarily equal) financial footing.

  • loobyloo
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21 Jan 08 #11357 by loobyloo
Reply from loobyloo
I know thats why it confuses me that its in the act.... my x2b actually has a better standard of living without us... thats justice
looby

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21 Jan 08 #11360 by Fiona
Reply from Fiona
Yes, Looby, but you haven't reached a final settlement yet. Maintenance in the interim is just a stop gap.

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