Hi, can anyone offer advice please? Or at least reassurance!
My STBX is being extremely disruptive regarding financial dealings - mediation I thought went well but she did not progress her action points so I''ve had to issue court proceedings. She has a pension and salary which (combined) is comparable to my salary and we have a holiday home abroad which she is desperate to keep (her pension pays for this). I have offered to sign over the ownership/mortgage to her but she seems unable to secure the mortgage in her own name for some reason (although she keeps saying there are other options but refuses to put these in writing). There are no children under 18.
There is significant equity in the foreign property which I offered to sign over to her in lieu of pension/maintenence. (The MH is on the market and equity will cover bills, credit cards etc). My solicitor says this is a generous offer.
My question is - will the judge look at the total value of her income and see that it is comparable to mine? My issue is that the foreign property is a holiday home, not a permanent residence, so it is her choice to keep it and that it is not a necessity.
I am surprised she is running the risk of losing the foreign property if a judge forces a sale - or am I missing something?
I doubt you''re missing anything. It''s quite common for someone to become fixated with a property and refuse to take the most logical option. A judge will just have to wake her up to realty by the sound of it.