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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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Do i have any right to stay in the family home?

  • emma1010
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14 Apr 12 #323627 by emma1010
Topic started by emma1010
Hi everyone. I am looking for some advice on my rights to the family home. My husband and i are getting a divorce, we have a daughter, he has said for me to leave the home and that i have no rights to the house if we divorce. The house has no mortgage, it is in his name however i have paid for all bills and upkeep and contributed a lot to renovation work. He did use some money from a trust fund to partly pay for the house, does this effect things? He also has other properties paid for. I have a well paid job however my salary has always been used for our living expenses and as above the upkeep and bills on the house (it is a large house with land so the upkeep/running costs are high) He expects me and our daughter to walk away with nothing, is this the case?

  • mumtoboys
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14 Apr 12 #323644 by mumtoboys
Reply from mumtoboys
No,it''s not the case.

You need to register your ''home rights'' with the Land Registry against your family home as a matter of priority. This will stop him selling it from under you (if that were his intention).

The general advice is to not leave the martial home until a settlement is achieved. It would be worth seeking legal advice from the outset - it sounds like yours is quite a complicated case if there is additional property, pensions, decent salaries and a child involved. Many solicitors will do a first half hour for free - have a good look at the Ancillary Relief forum here and it will give you an idea of the issues involved so you can begin to put a set of questions together to ask a solicitor.

In the meantime, if you post more details about your respective financial situations, ages, pensions, how long married, age of daughter, debts, assets, savings etc. people will be able to give you and idea of what to expect.

  • Forseti
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14 Apr 12 #323651 by Forseti
Reply from Forseti
I''m no expert on financial issues and others will advise you better, but a major influence on a court''s decision will be the arrangements made for your daughter.

How old is she, and how will her care be divided? You will obviously need a home for her to live in, and that will be the court''s priority.

The exact division of properties and monies could become very complicated and the last thing you want is for the whole lot to go in lawyers'' fees. I think you need to find out what your legal situation is and then see what offer your husband is prepared to make before you try the legal route.

Has the divorce process started yet? Who is divorcing whom? Have the forms been completed?

There is more information necessary before anyone can start giving detailed advice.

  • Lostboy67
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14 Apr 12 #323680 by Lostboy67
Reply from Lostboy67
Welcome to wiki, sorry you find yourself here but you are sure to get good advice and support.

Its not a simple question to answer, but one thing is that if he expects you to simply walk away with nothing he is going to be a little disappointed.
The overall financial settlement will take into account a whole range of factors, the most important being the housing needs of your child (and by implication you). You mention that he has other properties which are owned so I am assuming that there is quite a lot of money to be divided one way or another

If you post the following details a knowledgable wikipeep will be able to offer a view on what you could expect.

Your respective ages;

The number of children you have and their ages;

How many nights the children spend with each parent;

The length of your marriage and any period of pre marriage cohabitation;

Your respective incomes;

Your respective outgoings;

Your assets - both soley held and joint;

Your liabilities


  • emma1010
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14 Apr 12 #323727 by emma1010
Reply from emma1010

  • MrsMathsisfun
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14 Apr 12 #323756 by MrsMathsisfun
Reply from MrsMathsisfun
Got bad news for your stbx, once he married you, you became entitled to a share of the properties whether they were purchased prior to marriage or not.

How much you would be entitled too will depend on many different factors.

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