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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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Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


advice needed please

  • chris28
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06 Oct 07 #4397 by chris28
Topic started by chris28
well this is a difficult one!
i want to split up with my partner!

we bought our house 2 years ago, in a derelict state i have done most of the back breaking work in my spare time.

we have lived here (together) for about 3months.

both of our names are on the mortgage/deeds.
i put down a 10% cash deposit also paid legal fee,s.
she pays around 30% of the day to day bills/mortgage.

i have started furnishing the house,paying for things with my own money, as she spends all her spare cash on herself.

ive asked her to move out but she,s not budging!

what can i do???

  • Fiona
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06 Oct 07 #4398 by Fiona
Reply from Fiona
Offer to buy her out?

If you are/were cohabitants the laws relating to property determine ownership so unless the deeds state otherwise joint ownership is assumed equal ie 50:50.

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06 Oct 07 #4412 by chris28
Reply from chris28
Fiona wrote:

Offer to buy her out?

If you are/were cohabitants the laws relating to property determine ownership so unless the deeds state otherwise joint ownership is assumed equal ie 50:50.


Hi fiona, cheers for the reply, we have been cohabitating so to speak, but only for 3 months.

well at the moment we have equity of around
£30,000 in the house
£5,000 car (paid for cash by me "in my name")
me lots of savings.
her lots of debt.(from spending on herself only,"mainly clothes+alcohol+soft drugs, basically living it up while i plough all my income into bills/ house").
also ive spent £1000,s on furniture so far, buying from my own money not out of the joint account.

i got a feeling im goin to be shafted for £1000,s.
will my initial deposit be de-ducted from the total before we do the 50:50 split do you think?

also will she be entitled to the things i have purchased?
one last thing i have a large quantity of premium bonds.
will i have to forfeit these too and put them in the sharing pot so to speak?

cheers sorry if im being a bore and mumbling on!

also will my ex be entitled to half of the furnishings i have payed for?

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06 Oct 07 #4413 by chris28
Reply from chris28
well we have exchanged words on the subject of the house!
i have said its best if i buy her out, as she would have money to pay off her debts and make a fresh start.

although she said she,s not going anywhere! and staying put! i dont want to move out either!

i feel now that we are "over" she should be paying 50:50 towards all bills/mortgage! she has said not on my life!

because otherwise im paying my own share, also half of her share! so in reality im getting shafted left right and centre!!!

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07 Oct 07 #4425 by Fiona
Reply from Fiona
Chris, if you aren't married there isn't a 'pot.' The car, savings, debt, furniture and premium bonds clearly belong to the person whose name they are in. The problem with the house is that it's in joint names and she has as much right to stay in the property as you do.

If you have a 'joint tenancy' on separation each person takes 50% of the equity and either party can force a sale. On the other hand if you have a 'tenancy in common' based on the contributions to the purchase price each of you will be entitled to your specific share.

Perhaps you need to try and let things calm down for a day or two so you can both talk.

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