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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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Bankruptcy

  • tarawallis
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12 May 13 #392991 by tarawallis
Topic started by tarawallis
I was awarded the family home at the final hearing, on the basis that I was able to get a mortgage. I failed to do so as my salary is too low. I have now asked for the house to be sold and the proceeds to be awarded to me.
In the meantime, the respondent has been ignoring letters from the council re:council tax (he had the bill in his sole name).
Now they are threatening him with bankruptcy, the mortgage is in his name, but I am paying it, (he has all but moved out). I am worried I am going to lose everything. Can I get some advice please???????

  • LittleMrMike
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12 May 13 #393014 by LittleMrMike
Reply from LittleMrMike
What I need to know is,

Firstly, whether the house is still in joint names.

Secondly, the exact terms of the order ( and I mean word for word, although I don''t need to know the address or stuff like that, but the exact words please.

Normally, where a property adjustment order has been made, providing, say, for the transfer of the family home into the name of the wife, and the husband goes bankrupt, the trustee takes subject to the order.

But the problem seems to be that the transfer was conditional on the fulfilment of a condition which you cannot satisfy and for this reason has not been done.

I''m not sure about this one, honestly, but the worst that could happen is that the trustee could claim your husband''s half.

If you can let me have the information I need I may be able to give you a better idea.

LMM

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12 May 13 #393058 by tarawallis
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Thank you for responding........
''The Respondent shall transfer to the Petitioner forthwith upon granting of Decree Absolute all his legal estate and beneficial interest in the property.
''The Respondent shall vacate the said property upon completion of the transfer''.

The mortgage is his name, and I registered my matrimonial rights.
We have a hearing in a couple of weeks, I have asked for an order of sale. So my question is, should I granted this order of sale where do I stand if it is granted to me in terms of the outstanding debts and the Respondent being made bankrupt????
Let me thank you in advance for your response.

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