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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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house deeds

  • poochy
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  • New Member
  • New Member
26 Nov 07 #7780 by poochy
Topic started by poochy
my husband wants his name kept as joint owner on the deeds
until the house is sold.can anyone tell me if in law he would still get 50% at the end even if the settlement was
for me to get more?

  • LittleMrMike
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  • Platinum Member
26 Nov 07 #7782 by LittleMrMike
Reply from LittleMrMike
It is hard to say without knowing more, but I think I may assume the house is held in your joint names. It is certainly possible for the Court to make an order providing for the immediate sale of the property and division of the proceeds, in which case you both get what proportion the Court specifies; but I can't see any reason why your husband's name couldn't remain on the deeds until sale.

It sometimes happens that the sale is postponed in cases where the Court feels an immediate sale is undesirable, but it feels an outright transfer would be unduly harsh on the spouse who is out of occupation. In such cases the property may continue to be held in joint names but subject to a trust ; or the house may be transferred to one spouse but the other retains a charge on the property which only becomes payable on the occurrence of certain events specified in the order, for example, re-marriage of the occupying spouse. Your solicitor would advise which of the two is more appropriate in your case.

Mike 100468

  • Specialdad
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26 Nov 07 #7783 by Specialdad
Reply from Specialdad
If the settlement is in the form of a Consent Order from the court there is nothing to worry about.

The house has to be sold in due course and the proceeds split according to the court order.

His name remaining on the title deeds may cause him a Capital Gains Tax headache ifhe doesnt get advice from his sol.

But then the government is always grateful for extra tax from anyone!!!! B)

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