A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Can i rent?

  • confusedperson
  • confusedperson's Avatar Posted by
  • Junior Member
  • Junior Member
More
18 Mar 12 #318795 by confusedperson
Topic started by confusedperson
I am currently divorcing, and live in FMH with the children. This was due to an occupation order in my favour.

I fully appreciate that the finances are going to take another 12months or so to sort. FMH is in my name (i know he still has rights on it), and there is no mortgage.

In order to get the school of choice, i need to be further into the catchment area (am just outsude at present)I have found somewhere suitable to rent (education office guidelines if renting need to prove have lived there for at least 3months)

Ideally i would like to rent the property, and rent out the FMH to help finance it. Am i right in thinking that I can go ahead and do that once i have the Decree Absolute? Is there anything else i need to be aware of? It is a high conflict situation and i am afraid if he returns to the property, i wont be able to get him out

Any advice please

  • sexysadie
  • sexysadie's Avatar
  • Platinum Member
  • Platinum Member
More
18 Mar 12 #318798 by sexysadie
Reply from sexysadie
Frankly, I wouldn''t risk it, for two reasons:

1. If you only move temporarily in order to get into the school of your choice, and then move back, you may be seen by the LA as playing the system and have the place withdrawn. I believe that some are now doing this.

2. As far as I know, if he has registered a home rights notice then he probably has a right to live there if you move out. That won''t go just because you have the absolute; what matters is that the finances are sorted, as he may have a right to a share of the property (or the rent, in the meantime).

I think you probably need either to risk staying where you are and possibly not getting into this school, or find another school.

Best wishes,
Sadie

  • confusedperson
  • confusedperson's Avatar Posted by
  • Junior Member
  • Junior Member
More
18 Mar 12 #318830 by confusedperson
Reply from confusedperson
Thanks for the reply.

To clarify, i wouldnt be moving back again later; ideally i would sell, keeping whatever amount according to the settlement and buying somewhere else within the catchment area, as i have other children upcoming to high school. The current head teacher has already stated that it would not be in eldest child''s interest to go to a school different from peers in the circumstances.

I must have misunderstood, i thought that his claim to live in the property ended with the Absolute although he still had claim to the equity until finances sorted. Didint think about him having a share of the rent neither.

Other couples would agree to the move and then sort the finances, but this is so high conflict, there''s not a chance, and ultimately its the children who suffer. So frustrating!:(

  • sexysadie
  • sexysadie's Avatar
  • Platinum Member
  • Platinum Member
More
18 Mar 12 #318844 by sexysadie
Reply from sexysadie
You may be right, and his claim may end once you get the Absolute. However, I think that would just mean that he has a case to stop you getting the Absolute before the finances are settled.

Best wishes,
Sadie

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11