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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.

 

refusing to sell house after agreeing at court

  • dt2010
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31 Jul 11 #280669 by dt2010
Topic started by dt2010
Hi

My ex agreed to put the house on the market 12 months ago after I started Divorce proceedings for UB. That the house was on the market was confirmed before the Judge in the first hearing at court last month.
I recently accepted a fair( considering the market) offer for the property, now my ex asked for the property to be taken off the market until a finacial agreement/court order is made. Is she just stalling the process and can anything be done at the FDR Hearing or do I have to wait until the final hearing.

The payments are currently interest only but it's putting me further in debt. I'm now working in a different city so its not practical for me to live in the house. Can I ask the housing payments to be taken into account for any settlement?

It's all my equity in the property and My ex has refused to contribute towards the Mortgage so she has been effectively living rent free for 12 months. She wants 35% of my equity I put into the house 18 months ago even though it was a very short marridge (1 Year) and a 4 year relationship. Stupidly I was persuaded by my ex to be on the the mortgage for the current house even though I could have kept it in my name.

  • Naya08
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01 Aug 11 #280820 by Naya08
Reply from Naya08
Have you spoken with a solicitor?

My situation is only my name is on mortgage, bought flat before getting married and he will be entitled to 50% of the growth in equity subject to having contributed in the costs towards the house.

But I think a solicitor might be able to confirm based on your situation.

Are you divorced already?

  • dt2010
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01 Aug 11 #280871 by dt2010
Reply from dt2010
Yep Divorced earlier this year but the situation has dragged on. I was advised to start the divorce process as soon as we separated and she asked for 50% of the house equity.
I've been using solicitors the whole time, we have made offers already, first after the voluntary exchange of form E's and during the first hearing which havn't been accepted. Its the whole marital home problem. She can afford solicitor because she earns more than me and isn't paying the mortgage, she also used any wedding present money we had to pay her first solicitor bills!!

Her Solicitor said in court that I should share all the equity of the house as I did not put the house in a shared % tenancy when we bought it.

The Judge in the the first hearing said contributions wouldn't be taken into account but did suggest that she could return to rented accommadation.

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