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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.


Divorce and mortgage benefit

  • alison310
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02 May 12 #327990 by alison310
Topic started by alison310
Hi
I am divorced and living in my house with my two children. The house is still in joint names as I was unable to get my ex-husband taken off the mortgage. I am now under threat of redundancy and have been fishing around for info about mortgage benefit. It seems I would get the interest paid which is something but what happens about my ex? He hasn''t worked for over 10 years and pays me no maintenance at all. He has refused to sort out anything to do with the house previously and thinks he can wait until my son is 18 and claim half. He will not speak to me or sign anything over at all so what would happen about mortgage payments? Would I have to consult him for form signing? I know he wouldn''t do it.....any help is very much appreciated...

  • LittleMrMike
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03 May 12 #328096 by LittleMrMike
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Alison, as a start you will need some detailed and accurate advice about help with your mortgage through JSA. The place to go is a CAB.

But I think you may find you only get help with your half. I may be wrong, I haven''t done CAB for years and am too old to start again.

So, unless he contributes his half as well, you would be under threat of repossession. And, if I am right about this, there is a '' lead in '' period - not sure how long it is these days - before the help kicks in. So you might have to have recourse to your redundancy payment.

Sounds to me like you haven''t sorted out your finances yet. Well, many people do. That is your choice, of course. Just as long as you realise that you are still open to claims from your ex - at least in theory.

If they made me a dictator for the day, like Abu Hassan in the Arabian Nights, I think one of the laws I might introduce is to ban claims after a given time, say six years after divorce. But that ain''t the law at the moment.

LMM

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03 May 12 #328102 by alison310
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Thank you for your help. That does make sense although it''s of little comfort. No, the finances are not settled yet. It''s been 3 years! My ex is bent on revenge and will do anything to slow things up....he gets legal aid so can afford to mess around. It''s so far cost me around £3000 to be in the same position I was when we split! I dealt with the divorce myself online....
I had offered him a lump sum which he agreed on but when the paperwork was drawn up I felt it didn''t protect me enough in stating clearly that the house was then to be signed over to me in return. My solicitor was reluctant to re-draft for fear of ''rocking the boat''but I insisted and as a consequence and a further letter urging him to sign, we have heard nothing since-that was 2 years ago! I too think there should be a time limit on these things. Thanks again...

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