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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.


Have to leave yet another house

  • Seperationfromhell
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04 Apr 12 #321607 by Seperationfromhell
Topic started by Seperationfromhell
Wondering if someone can give me some help with best solution here.

I had to leave family home with kids as my husband wouldn''t , we had a home with tenant which I moved into. We remortgaged the home I now live in to pay deposit for home husband now lives in , my husband now wants to sign the house I live in over to me , it is now valued at £70000 and we owe £105000 to mortgage , I have asked him to return the money borrowed from the house , which will put both houses back to original price we bought for , but he refused , so therefore it looks like my only option is bankruptcy as I cannot get mortgage for 105000 , anyone know of any other solutions .

  • Fiona
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10 Apr 12 #322682 by Fiona
Reply from Fiona
Is there a Separation Agreement registered through the courts and if not what happened to the equity in the former matrimonial home, any pensions etc?

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10 Apr 12 #322880 by Seperationfromhell
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We have not been able to come to a Separation Agreement yet, my ex is in the family home and according to his lawyer there is no equity in the home, and they say they are also struggling to get his pension details .

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10 Apr 12 #322887 by Fiona
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I wouldn''t sign anything over until the Separation Agreement is sorted. Before agreeing how to split the assets you need to ascertain the value of all the assets at the relevant date, usually the date of separation. If your home was remortgaged to provide a deposit for your husband any equity originated from matrimonial assets and should form part of the matrimonial pot along with any savings, investments or pensions. Only when you know the value of the pot can you reach a "fair" settlement.

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