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property division... is this fair

  • worried4thefuture
  • worried4thefuture's Avatar Posted by
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  • New Member
23 Mar 12 #319795 by worried4thefuture
Topic started by worried4thefuture
I wonder if anyone can give me some advice.

Firstly i would like to apologise as this is very long winded, i will try and keep it simple.....

My partner and his STBX are divorcing after seperating 5 years ago.
They had an FDA in January and what was meant to be an FRD yesterday.

All through the exchange of form E/Questionnaires his STBX has been lying about income (she lives abroad and is probably trying to pull the wool over our eyes).
She hasn''t declared benefits even though we know she was receiving them, We put forward the questionnaire and the judge ordered her to answer them, which she then decided to declare only one of many.

They have a son who has been diagnosed with autism and she is now saying he is severely autistic, will never work in his life which means she can''t work.... this is news to us and her solicitor only announced this yesterday in the FDR.

She is after 50% of the property which my partner owned before they got together, they were married for 2 1/2yrs, but lived there in total 18mths before moving and renting abroad
The 1st district judge in the FDA said she isn''t entitled to 50% it was a short marriage.
The deputy district judge in the FDR upon hearing the word autistic then said she is entitled to 50% of the property before any debt is paid off.
He didn''t even take notice of the fact she lied in form E and her questionnaire (she lives abroad and her bank statements show she received approx £10,000 in different benefits).
Me and my partner are living together in the property, i have lived here longer than what she did and we also have an 8mth old baby.
If he orders the 50% the judge made a suggestion of selling and renting (wont be enough equity to buy another home) or remortgaging, this will put us in a harder financial position to what we are already in.

There are no pensions and child maintenance has been agreed (he has been paying through a private agreement since they separated).

They have now got 6mths to come to an agreement or there will be a final hearing which could go either way. i know she won''t back down, but why should my partner?

She can afford to date a £7000 legal bill, my partner is self representing as we can''t afford it!!!
She is also living with someone, has his baby, lives in a 4 bed house (we are in 2bed flat) and she is claiming poverty and no legal rights of occupation.

If a judge orders the 50% before debt, would this be a fair order? we have never been told or shown proof his son is "Severely" autistic, this is just what her lawyer said. My partner previously was just told he has autism

Should the judge also take into consideration i have lived her longer and contributed a lot more money?

What about mine and my partners daughter? does she have no rights to the home?

Is it fair if a judges makes us face financial hardship (if it''s ordered, we will face it)?

Is it right that he is ignoring the false information she is providing?

Again i apologise for it being so long, but i am really worried about the future we face especially when i have a baby to protect.

Can anyone give me any advice or suggestions on what we can do? We can''t afford the legal help and aren''t entitled to legal aid.

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