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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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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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Advice Sought on Inheritance

  • Donny
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27 Jan 08 #12100 by Donny
Topic started by Donny
Long marriage, pot big enough for all needs, 2 young children, both sides capable of £70k+ pa earnings. Both in 40's. I own 25% of the house that is my mothers home. She is 73. I don't live there. This was part from inheritance when my dad died in 1998, and part gift in 2003. My wifes solicitors believe this should go into the pot at 25% of its full market value. Could anybody advise on the legal position (if there is one). Thanks.

  • Monitor441
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  • Platinum Member
27 Jan 08 #12101 by Monitor441
Reply from Monitor441
I'm not sure if this is correct, but if it is, and your ex2b was awarded part of your mothers house, she would have to take a charge on it and wait for her to pass away, as the courts are not into making old people homeless through the divorce of their children.

Sorry I can't give any more info. What has your sol said?


  • Donny
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27 Jan 08 #12104 by Donny
Reply from Donny
Thanks for the quick reply. There would be no need for a charge as the proposal is only for it to be used to offset other assets in the pot in order to determine a final share of the bigger asset (our house). My concern is whether it should be in there at all. Thanks.

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