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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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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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Joint Mortgage, Liabilities

  • Hanna2009
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29 Apr 12 #327320 by Hanna2009
Topic started by Hanna2009
Hi, I hope someone can help me.

Short story short, i left my partner just over 2 years ago and we had joint mortgage and debt, also have joint account which he used to the max, he said to pay the bills (max overdraft). He has been very awkward and refused to be divorce. He has been paying the mortgage and joint debt since i left and in return, I havent claimed any child maintenance for our children. I know very well he can afford it and the last 2 months he decided that he wont be paying them anymore. How do I stand in this? I am not in a position to pay anything as my hours are limited for childcare, i have my own bills, rent to pay and little mouths to feed which he never contribute at all. Fyi, I am not entitle for legal aid either.

Any advice are appreciated
Hanna

  • nk111
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29 Apr 12 #327326 by nk111
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If he is not paying the mortgage and debt you are both liable.
With regards the CM is this something you agreed with him or just decided on your own accord?, he is liable nonetheless and it may be in your interest to recover this from him now given the situation has changed. You may even be entitiled to a backdated amount that he would need to pay you , assuming he has enough to pay you....this could pay arrears whilst you decide what you are goig to do with the property etc
I would also contact your lenders asap and explain the situation, if you find out what your entitilement is for CM beforehand you might be able to advise them of what contribution you might be able to make in the meantime whilst you sort this out. They do understand these situations and will most likely try and help you out....best to speak with them then and get advice on here on the likely outcome as any advice on this is likely to be guesswork.

You could also contact him and advise him what your options are now he has taken this decision as he has not really made the correct decision for himself here no matter what he thinks...if the situation continues the long and short of it is the home could get repossesed and that

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29 Apr 12 #327330 by Hanna2009
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Hi thanks for the reply, i regards to CM, its not an agreement. I just thought I''m being reasonable, apparently not. I have never asked for anything and only left with my children, no clothes, money etc. We are not in speaking terms due to safety and still going through court for children access, sorry I cannot put too much details.
I shall speak to my banks asap. Not sure if he''s only bluffing because as you say, it wont benefit him. I know quite well he can afford it as i wasn''t working when I was with him for a short while due to childcare.
I dont really want to get CCJ but I cannot afford to pay out.

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29 Apr 12 #327334 by nk111
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I''m sure the bank will understand this is more comon then you think.

The reason i would ask you to contact CM first is to determine your entitlement to gage how much you will afford to give the bank assuming he pays it. There may be a delay but if he is working they can make a statutory earnings deduction from hils salary if needs be.

Once you are armed with this info let him know and see if he will come round if it still suits you to keep the original arrangement as he would still be liable to CM anyway, he would just get a variation to reduce the amount he owed due to his contribution towards the loan etc.

Also this information will give the bank some idea of when they could potentially receive payment and ease their concern of non payment and taking futher action.

You may not get a CCJ immediately but you will have arrears on your credit file if he has missed the payment and these unfortunately do last upto 6 years.

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29 Apr 12 #327335 by Hanna2009
Reply from Hanna2009
Thank you for your replies. I will contact the CM asap. I just want it to be over..grr. Sorry, a bit frustrated after 2 years now!
Hanna

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29 Apr 12 #327338 by nk111
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relax and remain calm dont let your emotions get the better of you....get some sleep you will feel better tomorrow

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29 Apr 12 #327339 by u6c00
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nk111 wrote:

You may even be entitiled to a backdated amount that he would need to pay you , assuming he has enough to pay you....


Hi

I just wanted to let you know of the personal experience of a friend with the CSA which relates to this.

Friend claims maintenance with CSA.
Ex loses job (probably to claim benefits/legal aid). No maintenance is paid.
Several years pass, and friend learns ex has had a job for more than a year.
Friend tells CSA, who say that they cannot backdate the claim. They only change a claim if and when one party informs them that the circumstances have changed.
Maintenance begins being paid. Ex loses job again.
Ex immediately phones CSA to report change in circumstances.
Months pass, Ex gets job, doesn''t tell CSA or Friend.
Friend finds out, phones CSA and no backdating is possible.


Now I don''t know if this is standard practice but it seems that there isn''t any legal obligation to report a change in circumstances like there is with tax credits for example. This means that non-resident parents can be on the phone immediately when they get a pay cut, but never phone up when they get a pay rise.

My advice to the original poster therefore is IF you choose to go down this route with the CSA, do it as soon as possible, any time that you pass up is likely to be money you will never see.

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