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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Property gifted prior to marriage

  • scorpio78
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27 May 12 #333302 by scorpio78
Topic started by scorpio78
Hi all, I am banging my head against a brick wall so i''m hoping someone can help.

I have been divorced for 15 months and have been trying to settle financial issues with my ex.

To break it down:

*Was born in my home and it is on my birth certificate.

*Left when my parents seperated but moved back on my own in 1997.

*I always knew the house would be signed over to me from my Dad but he told me it was in my Uncle''s name until he passed away (my dad is still alive).

*Met my ex in 2002, he moved in in June 2002. Married in 2005 and seperate in January 2010.

* My ex always thought as did I that the house was in my Uncles name.

* When we seperated he threatened to take half the house.

* My Dad gave me a letter with the solicitors address for where the deeds were. I then found out in January 2010 that my Dad had signed the house over to me in 1998.

* My ex hasn''t excepted my Clean Break offer but won''t tell me what he wants and wont reply to me. I want to get this settled so I can move on. Is there no timescale at which point I can tell him to get lost if he doesn''t reply?

Bearing in mind that there has never been a mortgage on the house and he has never paid any rent. He only ever paid towards half of the utility bills but was also out of work for 2 years of the marriage at which point he didn''t pay towards anything, not even food.

Does anyone know if he can get anything from my house as i''m getting nowhere through solicitors.

Thanks for your time and sorry for the long message.

  • LittleMrMike
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28 May 12 #333374 by LittleMrMike
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Scorpio, for a start, will you please tell me one or two details.

1. Who is living where ?
2. What stage are you at with the financial proceedings ?
3. Crucially, are there any dependent children here ?

When I know that I might talk more intelligently. But that''s a start.

If it helps to ease your mind a little, it is extremely unlikely he will get 50%.

LMM

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28 May 12 #333376 by scorpio78
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Hi LittleMrMike.

1. I am living at the property in question and have done since i returned there in 1997.
2. stage in financial proceedings - tried mediation 2 times but my ex is refusing to travel. Have tried to ascertain through his solicitor exactly what my ex is wanting. I have offerred to take responsibility for a joint timeshare we have and a joint personal loan. Apart from refusing the Clean Break there hasn''t been anything.
3. No children.

I think i''m just getting frustrated as there has never been a mortgage on the house and he has never contributed to its upkeep or even any maintenance or decorating but kept threatening to take half when we seperated.

Many thanks

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