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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.


FMH

  • caterpillar
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13 Jul 07 #1328 by caterpillar
Topic started by caterpillar
My brother was divorced several years ago. All went well although strongly in her favour even though she had an affair. The FMH was given to her as she has their child. His name was removed from the deeds but not from the mortgage. DSS pays the mortgage now. I have always questioned if this is legal or not, can you have a mortgage on a property without being on the deeds?
Any advice would be fab

Many thanks
Caterpillar

  • Princess Fiona
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13 Jul 07 #1329 by Princess Fiona
Reply from Princess Fiona
Yes.

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13 Jul 07 #1330 by dragonfly
Reply from dragonfly
Hi,
Has your brother register his interest on the property with the land registry?

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13 Jul 07 #1331 by caterpillar
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No. He gave her the house and everything in it for their child. She was supposed to take him off the mortgage but refuses to work so she can't take him off. He walked away with his personal belongings and nothing else. He says he is not entitled to anything to do with the house or its substantial equity as it was a Clean Break settlement. The mortgage is running without an endowment and she is planning on getting him to pay it when the terms comes up as is name is still on it and we have been told that the bank will ask him for the money. HELP!!

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13 Jul 07 #1332 by Princess Fiona
Reply from Princess Fiona
Was the financial settlement tied up legally? If not he needs to apply for ancillary relief to stop any future claims against him being made, assuming he's not remarried.

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13 Jul 07 #1334 by caterpillar
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It was all done through solicitors and court. He hasn't remarried, says once bitten twice shy! He is just worried to have this mortgage hanging over him as he is and can not forsee being in a position to pay the debt when it becomes due. The court order said that she should 'use her best endevours to release him from the mortgage covenant' which she say she has no intention of doing. Will this court order make any difference when the time comes?

Caterpillar

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13 Jul 07 #1336 by gone1
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Ok so they wont release him from covenent to pay. She probably cant get full covenent becuase she doesent earn enough. You said he got a Clean Break. If he truly has then thats that. She cant come back for more. But if the mortgage is defaulted on then they will come to both of them for the money. Umm. I would try and get a note of dis-association with the mortgage company. He should be talking to them. I know the courts have powers with land registry but not mortgage companies. Tricky one this. This is the situation I may be facing soon. Mt soon to be ex and her fat boyfriend will be applying for a mortgage on the property that will be taken from me. I wonder if this will happen to me as well as I dont think he will get a mortgage becuase of his poor credit score. SDA

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