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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?

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The House !

  • Diamond Doll
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28 Mar 12 #320507 by Diamond Doll
Topic started by Diamond Doll
Hello people, I am a newby on here, just wondering if anybody can give me some advice.
I am already divorced and have been for 18 years. But... way back in 1987 I got married, we bought our own house in joint names, and we had two children. When I left, after 7 years of marriage , the children were 2 and 4 years. they are now 21 and 23 !!. In all of those 18 years since i left he has lived in our house. For ten of those 18 with his girlfriend. I have never had one penny to help me bring up our children. I also never paid another penny towards the mortgage, I simply couldnt afford to ! Anyway - there is no mortgage now, its finished, and my name is still on the deeds to that house ! My Q is this - do you think I am entitled to anything regarding said property ? I am thinking he paid the mortgage, but I paid for the kids ! I couldn''t do both. I was awarded £82 a week from CSA for the two children and he never paid a single penny of it. I have never recovered financially and struggled to bring those kids up . Please , if anyone can help it would be appreciated xx

  • hadenoughnow
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28 Mar 12 #320523 by hadenoughnow
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Diamond

Welcome to wikivorce. It sounds like there was no financial order made at the time of the divorce. If that is the case .. and if you have not remarried .. then I think the answer to your question would be a straight yes.

We have had cases here where ex spouses have reappeared many years after divorce and claimed a settlement. I think there was a case - Vaughan? - where the settlement was revisited some 25 years after the divorce.

If he did not pay the CSA money then they should have taken action for you. I think that is a lost cause now. As far as the house goes, what are the terms of the ownership? If you are both on the deeds, he cannot sell without your permission. If you are joint tenants then if he died, the house would automatically become yours. If you are tenants in common, you would have 50% (or whatever proportion was agreed).

The fact that you have paid nothing towards the mortgage is neither here nor there AFAIK. Usually where shorter periods of sole habitation of the FMH are involved, the advice is that the one in residence who is paying all the mortgage is paying to enjoy the ex or stbx''s share of the property - it is, in effect, rent.

What proportion you are able to get may well depend on needs ... but it is certainly worth you seeking some sensible legal advice about this one.

Hadenoughnow

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28 Mar 12 #320551 by Diamond Doll
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Thankyou for your reply . I am now remarried, have been for almost 4 years. My husband''s first marriage ended in divorce, his wife got the everything, all he got was debt. Of course that was because at the time he thought he was doing the right thing by his son. Well the upshot of that is we both had nothing and we live in a private rented house, we both work, but we just can''t get back on our feet. So there have been errors on both our parts. As for the being a joint tennant, or a tennant in common re the mortgage, that is something i will need to find out as to be honest I really dont know.
Having a share of this house would be of massive financial help to me and the kids, so I am going to do as you suggest and seek legal advice.Thanks again

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29 Mar 12 #320588 by hadenoughnow
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Diamond, if you have remarried without applying for financial settlement from your divorce then I am afraid you may have fallen into the so called remarriage trap. This bars you from claiming although your ex husband may start proceedings if he has not remarried. He would have to do this if for example he wanted to sell because you are still on the deeds.
AFAIK it is still open to you to take action to recover a share under property law. However the proportion you get may not be the same as you would have received on divorce. Also in family law each party bears their own costs except in very rare cases. In property lawe you can be liable for the other party''s costs. Legal advice is definitely needed.

Hadenoughnow

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