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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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sale of property with tenant in place

  • Manders2
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  • New Member
17 Apr 12 #324418 by Manders2
Topic started by Manders2
My partner is separated from his wife after her adultery. (we got together a few months after the split) He remained in the house that they have joint mortgage on (he made all the payments with no contribution from her) She moved away to whales taking their child with her and lives in rented house with new fella. My partner has now moved in with me leaving their house empty. My partner continued to pay the mortgage until xmas just gone when on returning to the house to collect belongings we found his ex had moved a tenant in!. My partner wants to sell the house but the ex is refusing to co-operate. we can afford to get a solicitor at the moment so PLEASE can anyone offer some advice???

  • cookie2
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17 Apr 12 #324484 by cookie2
Reply from cookie2
He needs a Consent Order to settle the finances of their marriage once and for all.

If they are unable to come to agreement regarding the financial split then he will need to apply to court.

In the shorter term, if she is receiving all the rent from the tenant, then it makes sense that she should pay the mortgage. If he is currently paying then he should inform her in writing that he will be stopping and the reasons for this.

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