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What are we each entitled to in our divorce settlement?

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What is a Consent Order and why do we need one?

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Advice on property..

  • Fedup11
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16 Jun 12 #337121 by Fedup11
Topic started by Fedup11
Hi all, I''m really worried..I''ve had 8 years of sheer hell and finally putting my boots on and walking. We live in my flat..my husband has contributed a monthly sum for a few years..he went thorough 6 years of paying nothing. He has another propert , a flat that he rents out..both our properties are in our own names. We have no kids and no other finances..please help..does anyone know how I stand?
Thanks very much in advance..

  • LittleMrMike
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17 Jun 12 #337150 by LittleMrMike
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I''m not entirely clear what you''re getting at here !

Your refer to your husband, from which I assume that you are married.

If this is so, then he has what are known as matrimonial home rights , which give him the right to live there even if it is in your sole name.

So then, you can''t get shut of him, unless you can get what is known as an occupation order, which implies that he has behaved unreasonably in some way. This type of order is not granted lightly these days ( in the bad old days it used to be ; they were called ouster orders and granted pretty routinely ).

You say you have been going through hell, but I''m afraid your options are, you either divorce him, in which case the likelihood is that if he has a house of his own, you will keep yours and he will keep his.

The other is to investigate the possibility of an occupation order and for this you need legal advice.

LMM

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