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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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Anyone able to offer me some advice please?

  • somuch2know2
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19 Sep 12 #356710 by somuch2know2
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Legal aid is a loan.

To be honest, with only 8K left in the house and mortgage being in areers by 3K - just offer her the house. 5K is not worth the time, stress nor the cost of fighting over.

If she still wants more- let it drag through the courts and the end will still have the same outcome that you are offering (I really cant imagine her getting anything else).

  • TBagpuss
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19 Sep 12 #356714 by TBagpuss
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SoMuch''s advice is fine if the wife has a mortgage offer and can remortgage and release Annoyed from his liabilities.

If she can''t, he''s ikely to be better of taking on the property or alowing it to be repossessed.

Query: does the mortgage company know about the tenants? Usually, letting a property would be a breach of the mortgage terms. (and leaves the tenants very vulnerable if the proprty *is* reposessed)

legal Aid - you wife''s solicitors are requried to advise the LSC if she is requring the case to be conducted unreasonably. If she turns doenrealistic offers or refuses to make reasonable offers herself. You can wrtie to the LSC to query whether she shouldget legal iad - hwever, bear in mind that if you did, and her certificate is revoked or suspeneded, you would then be dealing with her as a LiP which may well be even more long and drawn out..

Given that you know your ex ha debts - it''s worht lookign at whther you can ut together an offer which deals with this; I think you said her debts were £1,200?

If so, an offer which gets her of the mortgage and provides her with (say) £1,000 or £1,500 coukd be very attractive, (and very hard for her to justify turning down)

Althoguh you are both struggling finacially you do have higher income than her so some smallvariation from equality isn'';t unreasonable, and it may be enough of a gesture to break the deadlock. Make it an open offer, and put a time limit on it so she knows she may do worse if she drags things out.

  • AnnoyedandAngry
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19 Sep 12 #356723 by AnnoyedandAngry
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No, the lender wasn''t aware that there are tenants in the FMH- they were only made aware when I informed them (and to ask them what is my position given that I have not given my consent to rent out the FMH).

The FMH has a residential mortgage not a buy-to-let mortgage. Lender says that the t&c''s of the mortgage agreement have been broken.

The tenancy agreement is between my ex-wife and the tenants, so it''s not my problem if the tenants find themselves homeless if the lender repossess the FMH.

  • soulruler
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19 Sep 12 #356754 by soulruler
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Be very careful as the agreement has been broken and they as lenders could start getting very silly.

They can repossess as the tennency agreement has no legal standing and then not only is the tennent out of the house but you could also find the house into auction at which point you could be penalised for not only your wifes misconduct, the failure and weird decision of a previous court but also considerable mortgage arrears and possibily a considerable difference in the potential equity - so you could end up with a load of debt as well as no house and reduced rental/long term situation.

I agree with Bagpuss that it would be better to get back into the house.

I think you need to think hard, consider negotiations with the lender in the next few days, do not leave it, find out how the house was rented, was it via an agent or privately and find out about notice to quit for the tennents - that is your wifes problem unless you let it ride.

Suggest a Clean Break, you take on the mortgage and the arrears and the council tax and she can have her debts and the problems that might arise with evicting the tennents.

I really would not leave this situation without proper advice from someone qualified on the subject of letting think that is LMM.

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28 Sep 12 #358394 by AnnoyedandAngry
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Received a letter (ex-wife should have received the same letter) from the lender earlier this week, re: letting the property without informing the lender.

Contents of the letter are say we need to make a formal application to the lender to rent out the FMH and the lender wants to run through some checks to ensure that the tenancy complies with the mortgage T&C''s.

Lender letter also states that renting out the FMH without their consent means that their T&C''s have now been broken.

Ex-wife not willing to do anything about this letter and is also not supplying me with a copy with the tenancy agreement. I''m not prepared to spend time and money chasing ex-wife through solicitors to sort this mess that she has created.

What''s the worse that can happen now? The lender starts repossession proceedings and we loose the FMH...as far as I am concerned I lost my home 2 years ago when I was removed through a non-mol and occupation order.

  • soulruler
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29 Sep 12 #358447 by soulruler
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In your situation I would make an application to court asap, on notice - so that means sending a copy of the application to your wife and also the lender as well as the court (send the court three copies of the application not just one).

I would include the letter, your wifes response, explain that you have not agreed to this and the basis of what has happened before including the application which lead to your removal from the home and how you believe unfortunately the judgment to throw you out was perverse (not objective and fully thought out - sort of understatement).

I would be looking for an order for you to get back in and the lender to realise that you had no hand in the actions of the court or your wife.

You need to act quickly as the worst that could and may happen if you do not is that you go bankrupt and still have no house.

Maybe also put in writing that you are concerned for the tennents as you have no reason to suspect that they have any knowledge of what has happened and that they are now vulnerable to sudden eviction.

I would be asking for an order for disclosure (voluntary at present) with a penal notice attached to make sure she complies - urgent.

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29 Sep 12 #358448 by soulruler
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Also if you have not already done so you need to notify the Land Registry of your change of address. If there are any orders against the house they will then write and inform you that they have been processed and you are supposed to inform them in any case if you as an owner do not live in the property.

There is no such thing as attempted Fraud there is only Fraud and ignorance is no defence.

To qualify for fraud you either have to make a misrepresentation, a consealment or abuse your position and as far as I can see your wife has done all three, misrepresenting to the tennents and possible the company involved with the lease, misrepresenting to the court about your abuse, consealing the details of the renting out and abusing her position during divorce.

Fraud is fraud. Recently I found a £100 payment out of my personal bank account which was a withdrawal of cash from a cash machine by debit card. I knew it wasn''t me as I had not had a debit card for 2 years on that account. So I phoned the bank and they put me through to their fraud department. I told them I wasn''t going to take it further as the only person I believed it could be was my daughter (she is a bit of a minx and probably had the new debit card they sent - the first one was stolen several years ago from my house along with my mobile phone and my handbag - the police came out).

I did tick my daughter off - obviously she denied the crime but I put a stop on the debit card and now have a new one and a new pin.

Fraud is simply a misrepresentation with an intent to deceive and it doesn''t matter whether the fraud is successful or not it the attempt that makes it fraud.

The example in my criminal law degree course book is where a technician goes onto an auditorium platform and tells the student he is their lecturer, that is fraud even though there is no chance really he would get money from it.

A more serious example is where people turn up stating that they are from the electricity board or where a person pretends to be a doctor or where people get money by deception - where is the rent going? Your wife is supposed to be living their not living free and getting rent in breech of a contract with the bank.

Report fraud and do your best and you cannot be found guilty of it and therefore should not in law be penalised by it.

When you make your application into court make sure you mark your letter URGENT and underline it clearly.

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