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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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Money tied up in house

  • nevsamonkey
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19 Jun 07 #873 by nevsamonkey
Topic started by nevsamonkey
Hi All, this is my first post.
I discovered january before last that my wife was having an affair & as soon as I confronted her (although she denied it) we split up & moved into seperate bedrooms in the house that we own jointly. This continued until the August when for the sake of my kids & my own sanity i decided to move out & rent a flat.

This is my dilemna, My wife has refused to sell up & says that I will have to wait for my share of the equity. It won't be huge & therefore I cannot make her sell as there will not be enough money to re house her. However, her boyfriend has moved in (he actually moved in when I moved out but not officially) two months ago & I wondered if anyone knew wether or not I could force her into getting my money through her fella? He doesn't earn huge sums but does earn enough to buy me out.

I dont want to take this through the courts because I feel it would affect the kids who are being as impartial as they can be & so therefore would like some advice if anyone could help.

Thanks

  • wikivorce team
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19 Jun 07 #889 by wikivorce team
Reply from wikivorce team
You cannot force her to do anything.

But the fact she has a partner and is cohabiting is good news for you from a financial perspective.

It reduces her 'needs' or outgoings and that means in turn that you should do OK when it comes to splitting the assets and deciding on any spousal maintenance due.

You may have to wait for the cash to be released until the kids leave school. But at least you will have some then. If she had no new fella and 2 kids you could have ended up with very little of the assets.

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