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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.

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Housing matter

  • divorce2373
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18 Jun 20 #512898 by divorce2373
Topic started by divorce2373
Dear Sir/ Madam,

The final financial order in relation about the section of the house section is:

a: the property shall be placed on the open market for sale
in payment of the balance as to 55% to my and 45% to ex.

We had a buyer who made an offer in January. In the mid of March, we had a mediation session about house because my daughter's anxiety of fear of change became worse, she had behaviour of self harm. we decide not to purse that buyer. I made that decision with the consideration of my daughter's mental health. He agreed because it would be beneficial to him that he does not need to pay the half of the agency fee and expect the quick re- mortgage process.

However, because of lock down, i was not be able to filled his dead line that my ex give to me to get a mortgage arranged or a solicitor.

He is fully aware of all the difficulties I was experienced, at the last , my mortgage application went somewhere, an survey was carried out this Tuesday.

However I have received a letter from ex-solicitor together with an enforcement application.

Please advise what are the risk I am having? what I could do in this situation.

Many thanks, Effie

  • WYSPECIAL
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19 Jun 20 #512902 by WYSPECIAL
Reply from WYSPECIAL
What is he trying to enforce?

Do you have a buyer now?

Are you delaying the sale in some way?

Are you living in the FMH and refusing to move out thereby holding up the sale?

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19 Jun 20 #512918 by divorce2373
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What is he trying to enforce?

He is trying to enforce the sell the house according to the application.
On 2 June, He emailed me with a permission of buying his share out. at the same day, I also received the enforcement application.when i asked him he said if I am quick enough, it will resolve before the hearing.

Do you have a buyer now?
Yes, in March and in June, he agreed I can buy his share out.

Are you delaying the sale in some way?
On 14th March, we agreed I am buying his share out. On 17th March, I also received the sale protocol from the conveyance, I informed conveyance for the change. so far, i did not return the sale protocol of the house.

Are you living in the FMH and refusing to move out thereby holding up the sale?
I am living in the FMH. I am in the process of purchasing it. because of lock down both re-mortgage and conveyance is slow. The house survey only carried out two days ago.

My -ex is fully aware the situation. if he changed his mind and would like to sell the house to our buyer. what kind of responsibility he has towards my daughter mental health which affected by moving. could I ask him to take responsibility of escort my daughter's mental health by form a care plan by counselling to school teachers and GP. Any law I could apply please?

My ex's solicitor should draft a pension annex in September 2019 for the pension transfer. He email me below" the quickest and cheapest way for you to get the pension shared is to get my share of the house bought out, the quickest and cheapest way for you to get the pension shared is to get my share of the house bought out, either by selling the house or by buying me out ."

Is this reasonable just because the current situation of slow due to virus, he could held pension transfer, please?

By the way, there is a witness statement with their application, i did not receive it, do I have a right to request at this stage,please?

I look forward to hearing your reply.

Thanks, Effie

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