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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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What is the finicial split of property - unmarried

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20 Apr 12 #325244 by fairplay
Topic started by fairplay
I was hoping to get clarification on a issue regarding a property that is joint owned by myself and an ex partner. We had no living together agreement. We brought the property together in March 2007 and are both on the mortgage. The relationship ended in jan 2008 and I left the property in Nov 2008. My ex partner has had sole occupancy of the property since and I have not contributed to the mortgage since Dec 2008. We now want the property sold, would it be a 50/50 split? Thanks for any advice in advance.

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20 Apr 12 #325254 by cookie2
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50/50 yes. You would be wise to act on this sooner rather than later, because as time goes by, you may be seen to have abandoned your claim. After 3.5 years I think you''ll be fine but yeah, I would recommend you get a wriggle on.

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20 Apr 12 #325269 by fairplay
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Do you know what the time limit is as this may be a delaying tactic by the ex partner. Would it be right to pursue a court order to sell the house then?

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20 Apr 12 #325274 by cookie2
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There is no specific cut off time period, it all depends on the circumstances. For example if you simply disappeared and had no contact with him or the house for 10 years then it would be a very different matter than if you "checked in" once a year to keep your interest active.

This is the trailblazing case in this area: www.dailymail.co.uk/news/article-2059423...0-Supreme-Court.html
Certainly the details in this case are not the same as yours, but it''s getting into similar territory.

Yes if your ex will not sell or buy you out voluntarily then you can and should take court action. You''ll probably need a solicitor for that. Assuming there is a reasonable amount of equity int he house, the fees will be well worth it.

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