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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.


Sale of property.

  • nicmor57
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20 Apr 12 #325248 by nicmor57
Topic started by nicmor57
My wife left me in 1994, with three children and the house,and we were divorced in 1996.
She wrote a letter to my solicitor at the time stating, that she wanted her name removed from the mortgage (taken out in 1991), and would not ask for a sale until all of the children had left home,her name could not be removed becuase of arrears on the mortgage.
She has had no dealings with the mortgage or mortgage arrears, or house since the day she left, where i have not only had to pay the mortgage, but also the arrears.
Is my ex-partner still eligable for 50% of the sale, or only up until the divorce was finalized?

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20 Apr 12 #325251 by cookie2
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Is there a Consent Order or court order in place? Or is this all just based on one letter from 16 years ago??

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21 Apr 12 #325520 by nicmor57
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No consent order just letter.

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21 Apr 12 #325528 by hadenoughnow
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Is her name on the deeds of the house? If they are then I think she would have a claim under property law.

I am afraid this highlights the problem of divorcing without a legally binding financial settlement.

Hadenoughnow

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27 Apr 12 #326839 by nicmor57
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There is still 4yrs left on the mortgage, + arrears.
The mortgage lender will not remove her name from the loan , because of arrears.
And as i said earlier she has not contributed towards the arrears or mortgage since the day she left. And as for consent orders, i was never advised about them by my soliciter, and there''s no mention of one on my divorce papers.

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27 Apr 12 #326840 by cookie2
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Then she will still have a claim against the property. It is in joint names. Depending on the figures and circumstances she may be able to get up to 50% of the equity.

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27 Apr 12 #326842 by rugby333
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I think there was a recent case that was similar to this which was widely reported. The man had left many years before, had not paid the mortgage and claimed half the rise in value of the property. If I remember correctly he got nearer 10% of the increased value not 50%. Perhaps someone knows the name of this case?

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