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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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ocupancy order

  • gizmo34
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27 Feb 08 #15206 by gizmo34
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hello,

Can anyone help. i left my matrimonal home 3 years ago, and i am still married to my extobe . My divorce is at nisi stage. I now find myself homeless and my wife is not interested in dealing with the finacial side of the divorce, knowing we have inexcess of £150k equity in the property.

I am now unemployed and homeless but a home owner. Do i have the right to serve an occupancy order for me to enter back into the matrimonal home as i have no where to go.

please could some one advise

  • attilladahun
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27 Feb 08 #15207 by attilladahun
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Get Legal Aid and file Form A to start Ancillary Relief proceedings

Was the house in Joint names?

What were the circs surrounding sep and divorce

Any Children -would W clearly object to you moving back to FMH even until finances sorted

Need more details re finances to seee what realistically the Court would do in the case. For example if it is a case where the Crt would not order a sale can W realistically raise a further advance/remortgage to pay you out?

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27 Feb 08 #15209 by gizmo34
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Hi Richard,

Thanks for the mail.

reason for the split was i was unfaithful. Lived with the person for three years after. w have now split, as per my e-mail to you. My wife for the last three weeks is claiming i have been violent towards her, everything she is doing is disturbing to say the least. Now i have split with my partner i have no where to live, and i have a feeling my wife knows i could claim occupancy so therefore i think she is going for non molestation injuction. i am extremely scared as to what game she is playing. She is not divorcing me, although i agreed to adultery as per her request, i could have gone for the two year annulment. we have two children, she now works 16 hours per week and claims family tax credits with an income of £290 per week. As i cannot furnish the top up loan of £30k and endowment totalling £300 her portion of the mortgage ie the interest is being paid by the DSS she is now looking to renegotiate the mortgate rate to lower the amount by 100 per month. This has gone on for three years. Divorce at nisi, so i couldn't go back to work as she still has claim on half of what i earn, i am homeless and she refuses to sell and move on. Is it fair that i should live in my car as she is not willing to do anything about it? if she pays the mortgage for the next couple of months it will just go back to the same thing before meaning i will work again and pay and we both sit on £150k of equity. I'm desperate. She has claimed that she has called the police on many occasions claiming my violence, however, i had threatend her once in jan 2005 and was arrested and released without charge. This was due to just splitting up and her threatening to take my children away from me. I have never threatend her since, nor arrested, charged, cautioned or even spoke to by the police. I have never rec'd any letter over the last three years from her solicitor claimin violence, apart from last month which has got me concerned as i have not been violent. I now do not go into the house through fear of claims of violence, i will not be alone with her. Please help me.

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27 Feb 08 #15211 by gizmo34
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also, house is in joint names. she could not buy me out. £60k mortgage all in with top up, as stated she has £290 per week. House value £210k.

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27 Feb 08 #15215 by gizmo34
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also, i don't know if this has any relevance but the home was my mothers our family home whichwe moved into in 1984. I lost my mother to cancer in 1993. it was a council property in which i took over the rent payments to for myself and look after my teenage sister. i was 18. I had the right to buy the house in 1999. Which i did and my partner now my wife was pregnant with our first child. My wife but parnter at the time moved in 1997. although was not on the rent agreement. I want a home for my children. There is enough equity to buy a home for my children but i as a person need somewhere to live also. without accomodation i cannot have quality time with my children, i can't read them a bed time story or have them stay when sleeping in my car. My daughter knows that when i collect them for visitation they will be going from one house to another i.e seeing relatives and she does not want to do that.

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28 Feb 08 #15219 by attilladahun
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I genuinely think that any attempt to return to live at home would end in tears

The Court given the background and obvious animosity would not grant you an Occupation order indeed she will likely be the one to seek that.

The obvious route is to issue Form A and seek ancillary relief to resolve matters -obviously unless she is living in a too large a house the Court is unlikely to order a sale and she doesn't seem to have ability to raise £ at present. Depending on the equity you may end up with getting a Mesher style order and charge back which whilst that doesn't help now gives you a Clean Break (save for CM) and so when you get a good job as a Tanker Driver a good proportion of the inc will remain to meet your living needs incl rent.
Get Legal Aid

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28 Feb 08 #15225 by Specialdad
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Go back to work mate.

She can only claim child maintainence from you which is 20% but at least you would have money for rent and a place to stay.

As attila says let the courts decide on the FMH and you will receive either a lump sum or charge back on the property.

It is hard not having contact with the kids but once you are on your feet again then go for a contact order if she is not reasonable about you seeing the kids.

Its a long haul but you will get there.

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