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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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Selling the house

  • Teach101
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22 Aug 12 #351184 by Teach101
Topic started by Teach101
I have had a financial settlement in court that my ex husband should receive 33% of the equity minus fees etc. As he has not paid maintenance for 7 years, I want to subtract unpaid maintenance and debts (that he agreed to pay and never did) can I do this?

Secondly, can I sell the property if my ex husband''s name is still on the mortgage?

  • NoWhereToTurnl
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22 Aug 12 #351200 by NoWhereToTurnl
Reply from NoWhereToTurnl
Hi Teach101,

Welcome to wiki, you will find lots of support on this site.

As for your questions, you do not say but I presume the maintenance your ex has not paid is SM, not child. Sadly you will not be able to deduct this from his share of the proceeds of the house sale. Enforcement of a court order has to be done through the court and needs to be applied for before they are 12 months over due as can''t be claimed back for longer than that. If it was an arrangement between the two of you (not court order) then I am not sure how you stand
Selling the house will need both signatures if you are both on the mortgage.
I am no expert but I am sure one of the more knowledgeable wiki''s will be along soon.
Best Wishes,

NWTT

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22 Aug 12 #351220 by Teach101
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Thank you for your response. It is child maintenance that has not been paid.

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22 Aug 12 #351247 by NoWhereToTurnl
Reply from NoWhereToTurnl
Hi Teach101,

www.direct.gov.uk/en/Parents/ChildMainte...portAgency/DG_199070

This link will give you the information and hopefully you can get money now to help support your child/children.

If you have not used the CSA before, this might help:

www.direct.gov.uk/en/Parents/ChildMainte...portAgency/DG_198928

Best wishes,
NWTT

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