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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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Concern over signed declaration

  • greengoblin
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21 Aug 12 #350904 by greengoblin
Topic started by greengoblin
I signed a declaration from the bank to remove my name from the mortgage I previously shared with my ex. The reason for this was that I was going to let her keep the home we shared and not make any any claim on it and proceed asap with a divorce. This has not happened and she has been very obstructive in making any progress since. I am at the point now that I feel the only way to progress with the divorce is to go through the courts, I am going to require funds in which to do this and have no option but to stake my claim on the property in order to cover my costs. Does the fact that I have signed this declaration take away any legal right or weaken any claim I have on the property? My name is still on the title deeds of the property and no conveyancing has taken place to date. Any help would be appreciated, thanks

  • Jen2011
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22 Aug 12 #351151 by Jen2011
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Hi, a lot of men take there name off title deeds when starting up a business incase it all goes wrong with the business and it means the house is safe for the family, the rule on this was only if it was done over 5 or possibilly 7 years earlier, in insolvency/bankrupt law i believe. It might mena there is a time frame also in matrimonally law also ? Failing that you could always claim you recieved no legal advice and you were unaware of the implications, it does seem a bit odd though as its the last thing most people would ever want to do prior to startig proceedings, unless it was actually to stop you having to make any payments, which supossedely your ex has how had to make all this time, so surely that means her share of the house is now greater, you having left her to make all the payments ?

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22 Aug 12 #351175 by greengoblin
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I can understand how it seems odd but at the point the document was signed I was given the impression that she was in agreement to proceed with the minute of agreement and therefor proceed with the divorce. Since this document has been signed she has simply stopped responding to my solicitors letters and I have no option but to force the divorce through the courts. She has been paying the mortgage since I moved out by herself, however it is well within her means and there is very little left remaining to pay off. Her share would be far greater than mine because our two daughters are residing with her in the home and she purchased the property 2years prior to my moving in. I did however contribute to half the mortgage and household bills as well as home improvement during the 9 years I resided in the property. I fully expect her to gain a far greater share but my sol reckons I am still entitled to a share of the equity accrued during the marraige.

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23 Aug 12 #351452 by Jen2011
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Good luck, you sound like a decent sort of chap, surprised she ever put you on deeds though, not a particularly smart thing to do on her part really, believe your solicitor right though about recent gains in equity, although frankly all property prices have done since 2007 is decrease. Problem is once you start going down the solicitor route you''ll find all your gains being spent on legal advice, i would really try and go to mediation and try and avoid a costly FDR hearing (s).

  • Elphie
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23 Aug 12 #351466 by Elphie
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Well, there are women who are not, and never have been, on the mortgage of the marital home, and they still have claim to the marital pot, so I would think you still have claim to the home.

But, the divorce and the split of assets are two separate things. What grounds are you divorcing on? If you were hoping to go for two years with consent, then switch to divorcing on unreasonable behaviour, as you don''t need her consent for that. Although, you would need to still have the split of assets agreed and drawn up into a Consent Order, you wouldn''t necessarily have to drag the divorce through the courts then.

Sorry, if that hs confused you or not relevant. Su a more experienced wiki will be along soon to confirm whether you still have claim to the house.

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