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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.


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Short marriage how much is he entitled

  • firefly
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20 May 07 #315 by firefly
Topic started by firefly
I was married for 2 years. My ex H moved in my home. During the marriage i bought my council home, since i had quite a substantial discount. The mortgage was in my solo name and all payments were made solely by me. Including household bills, since he was paying for half of his ownership in his mothers house. He signed the Deed of Consent and waived any rights he had to get involved in the buying process. I borrowed from the bank 30K to purchase the flat.
However, after we separated i decided to sell the home and 2 days before the completion of the sale he put a caution on the land registry claiming matrimonial rights. Even so the buyers moved in, since they had no place to go and i moved in my friends sofa. Eventually, the sale went through since 35K still being held in the solicitors account and i am living in a hostel for homeless women. Due to a serie of set backs and all this stress i am now on sickness benefit.
He is working and gets 27K, has a good pension and so on.
Could anyone tell me how much exactly is he entitled from the 35K held at the solicitors account, since i have asked it endless times to my solicitor my never got an answer.
I also, would like to inform that i have dismissed my solicitors services and decided to go solo.

  • PETAL
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20 May 07 #319 by PETAL
Reply from PETAL
Sounds familiar. Mine was a short marriage. I have been told that the fact I paid the mortgage and have proof it came out of my sole account and paid for everything in the house my ex is entitled to half. He also emptied the house of valuables and furniture trashed my car and the poice solicitors did nothing.

Im being dragged through court so he can take me for every last penny. The house is still for sale / not selling and he wont let me reduce price even though he isnt paying! I know what you mean been going on 15 month and clinically depressed. £2200 bill for last solicitor fee. God knows how they work that out.

Far as im aware the court likes half no matter who paid for what.

  • mkp1963
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20 May 07 #323 by mkp1963
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i had the house for five years before i meet my wife and as soon as your marridge she was entitalled to half and the mortgage was in my name only five years before i meet her and my name only till the day we got divorced ,,but she still got half and i payed the mortgage off two months before i found out she was having an affair with money that my mum left me when she died

crap life ,,

  • DownButNotOut
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21 May 07 #329 by DownButNotOut
Reply from DownButNotOut
Firefly,

You ex will be entitled to some share of the assets from the marriage.

But as you earned the right to buy by living there for some years before he did then you can try to argue to keep the larger share. For example you may end up with 70% and him 30% (the exact split is hard to say this is a pure guess)

But then the good news is that you can make a claim on his income and his pension. He earns far more than you can and so you could get perhaps 20 to 30% of his income as spousal maintenance.

You could perhaps negotiate with him that you keep the whole 35k and in return you will not make a claim on his pension and earnings.

You can claim for ancillary relif through the courts and the court fees are not that high. The forms to do this are in the Divorce Guide on this site.

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