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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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Ex living in marital home and remarrying

  • hil12173
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14 Jul 12 #343170 by hil12173
Topic started by hil12173
Hi, just found this site, hope you can help. My ex and I bought a house together and have a joint interest only mortgage and secured loan, I moved out taking our child in 2008, ex continued to live there and pays all joint mortgage and secured loan. We divorced in 2011, no settlement / decision made on house at the time as was in negative equity and still is, we agreed to resolve it later, ex now has moved girlfriend in and she''s pregnant, I''ve read bits about ancilliary relief but still confused, if they marry, does he lose any claim on the house he still lives in and pays the mortgage for?
We bought the house together, I spent time renovating it, I think his new partner has now put time and money in redecorating. Does she have any claim?
I''ve got no interest in getting money out of the house, just want to have my name off it so I can move on, he has been told he can do this if he clears the arrears (about £500) and keeps it arrears free for 12 months but so far hasnt done this. Needless to say he wont take any advice from me! Any help would be great.

  • LittleMrMike
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15 Jul 12 #343190 by LittleMrMike
Reply from LittleMrMike
There is no law against living in a house with negative equity if you can afford the payments.
You asked if he loses any claim to the house if he re-marries.
The general rule, in simple English, is that if you re-marry, you cannot thereafter make any financial claims. However, if financial claims were made during the divorce process, but have still not been settled or disposed of, the claims can still be determined after re-marriage. But in practice, even if the claims were made in time, re=marriage can have an effect on the settlement.
I suspect he would not lose any claim to the house, but would need to be satisfied he had made a financial claim before the re-marriage.
The new partner would not acquire any interest in the house merely by re-decorating.
I suppose you really need to sort this out, and given that you are talking about an asset without monetary value right now, you might at least consider transferring your interest in the former marital home to him, but that of itself would not get you off the mortgage. He would have to agree to '' use best endeavours '' to get your name removed from the mortgage and to indemnify you against any losses. Not satisfactory, but it is the best that can be done.
Are you sure the house is the only asset ? If you are going to come to some financial agreement and get a Consent Order to validate it, you need to deal with everything and not just the house.

  • hil12173
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15 Jul 12 #343295 by hil12173
Reply from hil12173
Thanks for your reply, yes the house was the only asset, at the time of divorce he didnt want to sell, and didnt have the income to take on the mortgage by himself and neither of us could afford to make up the negative equity. His new partner already has her own house which she now rents out. I have been told at the time of divorce that he can indemnify me but this wouldnt stop the mortgage company chasing me.

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