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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.


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.


Valuations and rights of access

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23 Mar 12 #319675 by esox11
Topic started by esox11
Need to get property valued for the E form.

I have a 50% share in a property inherited from a grandparent. I share ownership with my mother.

My S2BX has written to me requesting a key to this property so she can have it valued??
As she has no legal ownership rights to the property I assume this is not required for her E form and she is just being nosey...

I have refused her access. I assume i am within my rights to do so?

I have not had it valued as yet... need to get my finger out!

Esox

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23 Mar 12 #319682 by dukey
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Because you part own the property its value does need to be disclosed, what effect it will have on the settlement is another story entirely, if your mother lives in the property it is not a liquid asset as it cannot be sold.

But yes it will need to be valued if only to provide full and frank disclosure.

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23 Mar 12 #319684 by esox11
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I understand that thanks Dukey, but this will be disclosed on my E form. Why should i give her access? Should I? Do i have too?

She has been very underhand in that she removed all my fiancial documentation lock stock and barrel from the FMH when we split.
I dont feel like being amicable more than i have too.

I had to threaten prosecution to get them back!

She will find out via my e-form and if she disputes it the judge will prob ask for an independant valuation?

Am i being unreasonable in denying access. This will be my home once refurbished.

Interesting it would be a liquid asset even though I only own half? Surely sale can not be forced if my mother owns half of the property. It is not livable at present. Under refurbishment. Had to stop on separation due to funding issues.

Thanks for the advise. Always welcome.

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23 Mar 12 #319688 by dukey
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Sorry i think you may have misread i said it is not a liquid asset and cannot be sold as you only own half of the property.

Its value can be taken into account by court when calculating a settlement though, it depends on a number of factors, who will live in it, old old your mum is, things like that.

Because again it is not soley yours you have the right to refuse entry, a judge is the only person that can order she have the right of access, and that is very unlikely.

If there is a dispute over property value the judge tends to order an Independent valuation, this tends to happen at FDA.

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23 Mar 12 #319689 by esox11
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I did dukey.... oops, sorry! :blush:

I will be looking to move into the property and pay my mother rent so she has an income from her interest.

My mother has her own property locally.

thanks again, that is basically what i was thinking in this regard.

Esox

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