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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.

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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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Court Order - Equity FMH

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25 Jun 12 #338948 by maisymoos
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Hi

Hoping someone may know the answer, my court judgement based percentage split on valuations of property. There was a surveyors report to determine the value of the FMH that has to be sold. I will retain any equity.

The problem is the house is not selling and my ex is putting pressure on me to drop the price, the children and I are the ones who will forfeit this reduction and who will have less out of the settlement to buy a new property. I am sticking to what the surveyor said as a minimum.

Will he eventually be able to force me to drop the price?

His incentive to sell quickly is because he is paying the mortgage, however this is only because he borrowed against the FMH to buy his excessive new property after separation without my consent. The mortgage before had been very small.

Any one been in similar position?

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25 Jun 12 #338972 by dukey
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Its quite a common problem, do you have soul conduct of sale? if so there is little he can do apart from list it for Directions, even if he does the judge has to consider your getting the equity for a reason, you and the kids need it, so will he take the hit from the price reduction? would he even share it, if the answer is no i doubt a judge will reduce the asking price, the market is slow, its just the way it is right now.

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25 Jun 12 #338982 by maisymoos
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Hi Dukey

Feel a bit relieved about that. The sale is joint conduct, so I suppose unless I agree to reduce price he cannot do so unilaterally?
No I am 100% sure he wouldn''t take a hit for a price reduction hes not that considerate:blink:

Thanks

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25 Jun 12 #338984 by dukey
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With joint conduct of sale neither of you can do anything without the other agreeing, all either of you can do is apply for Directions under liberty to apply as to timing and implementation of the order, if you read the judgement its probably right at the end just under there be no order as to costs (assuming no order was made).

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