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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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Mortgage / Occupational Rent

  • foxie2012
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20 Mar 12 #319051 by foxie2012
Topic started by foxie2012
I need help / advice on my mortgage and occupational rent!!

My husband and i have been separated for 12 months and we have 3 children together.

I work fulltime and pay all bills.

He has never paid for anything other than the mortgage since the day he left the house.

He would not provide financially for the children and told me to contact the CSA.

I claim working / child tax and he has said that that is his way of providing for his children by leaving the home and allowing me to claim these benefits.

He works for his family''s business but has had his wage fixed at much less than it was when he lived at home so that he doesn''t have to pay so much in CSA.

He sees the children twice a week, of which one night they sleep over and he wants me to provide clothing.

I know that he does lots of cash in hand work, as do his family and their business and they have lots of money available to them all.

My husband has seen a solicitor and the solicitor has written to me to say that my husband does not have to pay the mortgage as he no longer lives in the house. My solicitor agrees and wants me to pay the mortgage.

My solicitor also says that he can not do aynthing about my husband hiding monies. He can only act on what is on paper / documents.

I don''t think this is fair as he does not provide financially for our children.

What are the legalities that surround mortgages / occupational rent / children / maintenace?

If anyone has any advice it would be much appreciated.

Thanks for reading!!

  • eyes on horizon
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20 Mar 12 #319071 by eyes on horizon
Reply from eyes on horizon
He wascsupporting the children financially by paying the mtg but both his and your sol is correct about occupational rent. Unfortunately now your only option is cm ( which is his only legal obligation) unless u file for Ancillary Relief and a judge orders spousal maintenance in addition to cm.
If u had contacted the CSS whilstbhecwas still paying the mtg they probably would havecadvised that was sufficient contribution as well.

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