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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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negative equity

  • Huska
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13 Feb 08 #13737 by Huska
Topic started by Huska
Have agreed 50/50 equity split with stb-x. However, she doesn't realise that the secured debt is now more than the house value. I'm living in the house and still paying bills, she's run off with new guy. As per the 50/50 equity split, will she be required to pay me half the shortfall?

  • mike62
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13 Feb 08 #13744 by mike62
Reply from mike62
Huska,
did she know about the secured debt? Was the additional finance raised with her knowledge and consent? Did she benefit from those funds? Is the mortgage / loan in joint names?
If the answers are yes, then yes, she is liable for half of the debt
Mike

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