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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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Marital home

  • SALLYANN777's Avatar Posted by
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22 May 07 #342 by SALLYANN777
Topic started by SALLYANN777
What exactly happens if my ex husband won't sign the house over to me now? At the moment he is not making any contribution to the mortgage( we have 2 children, both with me - he has no access ) Can he be made to pay towards the upkeep of the house? There are quite a few large jobs that need doing but I am reluctant to have them done because it will cost me money but add to the value of the house. The children and I are having to live in a house that desparately needs a new kitchen, a new bathroom and many other things too numerous to mention. Would it not be fairer for the value of the house to be decided now and any profit that was made in subsequent years to be taken off his share when the youngest child is 18. It seems as though he is in a no lose situation, he is renting a brand new flat with fitted appliances, while we are living in a run down house that I am paying for, and he can just sit back and watch me pay the mortgage then claim his half of the profit in 9 years time!! I cannot afford to pay him out of the house now, he has already had £30,000 advance on the mortgage. Any advice appreciated!

  • wikivorce team
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23 May 07 #346 by wikivorce team
Reply from wikivorce team

From previous threads we understand that you are in the midst of ancillary relief proceedings at the stage of doing the form Es for financial disclosure.

He would be unwise to sign anything over to you until the outcome of the ancillary relief proceedings.

Until you either negotiate and agree on a Consent Order or get to a final hearing and the court imposes a Court Order, then nobody should be signing things over - because you do not know who will walk away with what.

Unless he agrees to pay the mortgage voluntarily then the only way to force his hand is to apply for interim spousal maintenance or to the CSA for child support. Or get a solicitor to send him a letter threatening to do the above if he does not keep up payments.

As to him claiming profits in 9 years time i assume you are referring to a mesher order where his share of the house remains in the house until you sell when the kids leave home. If you agree a Consent Order you can specify how his future share of the house is calculated - whether a % of the future value, or a fixed amount, or a fixed amount plus 5% (or x%) increase per year.

  • wikivorce team
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23 May 07 #347 by wikivorce team
Reply from wikivorce team
Just to add that he is still under contractual obligation to the mortgage company to pay the mortgage (if its in his name) or you are both under an equal obligation (if it is in both names). The mortgage company will not accept him not paying just because he doesnt live their anymore.

You might want to point this out to him.

  • soulmanuk
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27 May 07 #418 by soulmanuk
Reply from soulmanuk
my wife left me and wont pay anything towards the mortgage or a loan secured on the house, i have been told that as they are in both names we are both equally responsible (100%) and as i am living in the house they have said that i have to pay the full amount or they will start a re possesion order, her solicitor as said in is my best interest to pay the full amount and take it out of the settlement thats presuming she is getting any, she earns a lot more than me and she says she is penny less so cant pay. i am paying all the debt looking after the kids while she lives debt free with her new fellow, i am borrowing to keep my head above water and she is on the razz most nights, my solicitor seems to be a waste of time as he as not done anything in 7 months and keeps saying its her solicitor that wont reply to letters. how can i make her pay she owns me £4k already and it gets bigger everyday

  • Louise11
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27 May 07 #420 by Louise11
Reply from Louise11
Hi Soulmanuk

My advice?

1) Sack your solicitor or at least find yourself another one if you dont feel confident enough to do it yourself. Dont forget they work for you and should be doing everything you say. Challenge him/her. I can quite believe your solicitors have done nothing in 7 months except write letters, dont forget for each one they write its anywhere between £15/ £25 plus Vat. They couldnt give a flying duck if hers dont answer! 7 months??? Whats happening at court? It should all be timeframed, thats if your at that stage.

2) Have you put form A in at court? You cant do anything till this has been done. ( My husband tried to get an order from the court to stop his ex selling her house but was told unless he had put form A in they wouldnt entertain it, also as he had remarried he couldnt stop her doing anything, these things you learn as you go along, being a self representer)

3) After you have filed form A at court you can then ask the courts for an interim maintenance order and an order making her pay her half towards the mortgage and bills. This order will be until the finances are sorted out.

4) Also its up to her to prove shes ""penny less"" if thats the case where or how is she living? Its a question a judge would want to know!

Hope this offers you some help.
Kind Regards

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