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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.


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property maintenance

  • jfitterj
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20 Feb 08 #14560 by jfitterj
Topic started by jfitterj
my x has the former marital home till 2016 when it will be sold 60/40 in her favour.she was told at mediation to take out insurance to cover property.she is now refusing to pay for repairs not covered in insurance.i cant afford to pay,she can.legally whose responsible?

  • rubytuesday
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20 Feb 08 #14563 by rubytuesday
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my understanding is that if the house is in both your names, then you are both responsible. however, i am in Scotland, and our laws are slightly different here, so might be best to check.

Put it this way, if the house isn't kept in good repair order, it will fetch less when you come to sell it, and you will both lose out.

Ruby

  • Exasperated
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22 Feb 08 #14813 by Exasperated
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I would go with the comments above, joint responsibility i'm afraid.

  • Elle
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23 Feb 08 #14834 by Elle
Reply from Elle
Joint responsibility to maintain and pay....but also responsibility to maintain the asset....darn hard if you are not living in it

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14 Mar 08 #16821 by Fiona
Reply from Fiona
A bit late coming to this, but if there is a Mesher order the house will have been transferred to the wife's sole ownership so she would normally be responsible for insurance, upkeep etc unless the Consent Order says otherwise. I suggest you take another look at the wording of your court order.

  • steve112
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15 Mar 08 #16830 by steve112
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Wouldnt worrie. Im a builder. If she doesnt want to keep the house in good order, she will soon find after a few years that she will not bear to live in it. Most common maintenance jobs are painting, flooring, basic joinery etc. Usually a house needs a new kitchen every 10 years, bathroom 10 years, boiler 15-20 yeras, roof 25 years, windows 25-30 years. My guess is she will A)get round to doing it in time B)Have a friend do it C)Ask you to do it when she gets fed up with the clip of the place.
However if its damp or subsidance etc talk to your solicitor.

The other thing to consider is since when have you known an estate agent to knock off more than 10 grand if the place needs a new bathroom, kitchen, roof etc. In thier eyes as long as its legal to live in they will sell it anyway. People who want to buy houses like to rip this stuff out and start again nine times out of ten. A lot can happen in 8 years.

Just my thoughts is all

Steve

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