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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.


Do you need help sorting out a fair financial settlement?

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.


Financial orders

  • KazzyG69
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19 Feb 20 #511478 by KazzyG69
Topic started by KazzyG69
Good morning all.

So, I got divorced in January 2018 with a financial order and settlement in place. My ex husband had to pay a lump sum and he signed the order etc..

A month later, my solicitor decided to email me telling me that although the order states the ex has no entitlement to any profit from the former marital home, the Land registry may have an issue with that when I sell up... he wanted me to get two documents totalling around £500 + VAT and his costs etc...
Transfer of tenancy and Declaration of trust.

I am now at the stage of wanting to sell up so..

1. Do I need his permission to sell/put on market?

2. Will he be entitled to anything??

He left the home in 2011 and hasn't paid a penny towards the mortgage or anything else since.

He has court proceedings against him for non payment of child maintenance too at the moment... so I'm assuming he will try and make it difficult for me to sell..

Please help, I'm exhausted trying to find the correct information...

Thank you all....

KazzyG

  • LittleMrMike
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20 Feb 20 #511493 by LittleMrMike
Reply from LittleMrMike
I am sorry, but neither I nor anyone on wikivorce
could help you without seeing the documents.

Do I take it that, when you were married, the
property was in joint names ?

And was the property transferred to your sole name on the condition that, when you sell, you have to pay him something ? That's not altogether an
unusual arrangement by the way..


If you answer this I might be able to be a little more intelligent.

LMM

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20 Feb 20 #511497 by KazzyG69
Reply from KazzyG69
Good morning and thank you for your reply.

Ok, so the order had a lot of information on it which is straightforward but I will put two of the paragraphs here which may answer your question.

THE RESPONDANT SHALL FORTHWITH TRANSFER TO THE APPLICANT ALL OF HIS LEGAL ESTATE AND BENEFICIAL INTEREST WITH FULL TITLE GUARANTEE SUBJECT TO THE MORTGAGE AND SECOND CHARGE.

THE RESPONDANT UNDERTAKES TO EXECUTE FORTHWITH ON DEMAND BY THE APPLICANT (ME) ALL DOCUMENTS THAT ARE REQUIRED TO TRANSFER HIS BENEFICIAL INTEREST IN THE FMH IN THE EVENT THAT IT IS NOT POSSIBLE TO TRANSFER HUS LEGAL INTEREST IN THE FMH PUSUANT TO PARAGRAPH 1 ABOVE.

He then paid me a lump sum at Absolute and two further payments. I thought this was the end of it.

So I'm just making sure that this is ok and he wont be entitled to anything upon sale as he has made any payments towards the house since 2011 and is now on liability charges for non payment of child maintenance!!

Thank you for any advice. I do have a solicitor appointment but not for two weeks...

  • LittleMrMike
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20 Feb 20 #511501 by LittleMrMike
Reply from LittleMrMike
Sorrreeee - can't advise on the terms of an order without seeing it in full.

As a matter of general principle, an order on divorce should specify in detail what is to happen to ALL the matrimonial property. Secondly, it
should be phrased in such a way as to shut out any possibility of a future claim by either of the parties.

I'm glad you're seeing a solicitor. That is what you should do. I doubt if you have too much to worry about though.

LMM

  • hadenoughnow
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21 Feb 20 #511519 by hadenoughnow
Reply from hadenoughnow
If the house is transferred to you, it is then wholly yours. Only your name is on the deeds. You need a TR1 For this.

You can then do what you like with the property.

NB There may be complications if you cannot afford to take on the mortgage in your sole name.

Hadenoughnow

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21 Feb 20 #511523 by KazzyG69
Reply from KazzyG69
Hi, thank you.

I don't think I have a TR1.

I am selling it, I dont want to take a mortgage on it, so I'm hoping there won't be any issues there.

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21 Feb 20 #511534 by hadenoughnow
Reply from hadenoughnow
AFAIK unless it is transferred into your sole name, you both have to agree the sale. This can, I believe, all be done at the time of sale. You don't have to take on the mortgage for the transfer to happen.

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