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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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Maintenance Pending Suit help

  • ANNE1234
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01 Oct 12 #358751 by ANNE1234
Topic started by ANNE1234
Mine is a different situation to many I believe. STBX has deliberately made himself unemployed and for many months now has done nothing but laze around whilst I work to support the children and the mortgage for which he is jointly responsible. He claims nothing as I suppose it would mean looking for work. He says he will not work so that I can''t have anything from him as he has ''paid the mortgage for x amount of years'' which is untrue and irrelevant. My solicitor is applying for the MPS but I am so fed up now of being made a fool of whilst he comes and goes as he pleases, that I am prepared to let the house be repossessed and he will lose equity too. I cannot go on living with the terrible atmosphere in the home when he is back here and the children are very unhappy.

He does have savings so does have a way of paying but I suppose any savings are jointly mine too!

Has anybody else had a situation like this where STBX is has no salary but savings of several thousands of pounds?

A

  • Kazzabell80
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01 Oct 12 #358760 by Kazzabell80
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I think that as you have paid for everything for x amount of months you can easily demonstrate that you are able to afford the property/bills on your own so this will go in your favour.

I would advise against letting the house be repossessed just so that he loses out. Why should you and the children lose out further due to his gameplaying?

I''m afraid I can''t advise re him giving up work to limit anything that he has to pay you but, how is he living? Are you paying for his upkeep ie food etc...

He is trying to make you unhappy and it sounds as if he is succeeding but try and be the better person and don''t resort to going down to his level (I know that is easier said than done).

Do what is best for you and the children.

((hugs))

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01 Oct 12 #358763 by Action
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I think it will go against him that he has given up work for the purpose he has. I''ve heard that judges don''t like it one bit and they will have seen it all before. Don''t they take into account earning potential, not just whether you can be bothered? He''ll need to prove that he''s been looking for employment. You just need to have the patience to sit back and watch his tricks backfire. I agree with Kazzabell that it''s not a good idea to let the house be re-possessed as it will drastically alter your future ability to get a mortgage or even rent.

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