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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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Forcing sale of house

  • jazzie
  • jazzie's Avatar Posted by
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  • Junior Member
26 Apr 12 #326630 by jazzie
Topic started by jazzie
I don''t know what to do for the best. my stbx has suddenly stopped paying maintenance and half the mortgage payments for the last couple of months. I lost my temp job in February so am on benefits, seeking work. I have two dependent children living with me, 15 & 18 & one at uni. He has a full time job and a 3 bed-roomed house with another woman. He has now told me he cannot afford to pay the mortgage and his hours at work are being reduced due to recession. He now says the house needs to be sold or you buy me out. I don''t have any money to buy him out. mediation at the moment has broken down. My solicitor now says we will take it to court. Which I know is very pricey. I thought I had a legal right to remain in the home until my children have finished full time education?
(Mortgage approx £91k house worth £140k
I dont know what my best course of action is.

  • Hamilton1
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26 Apr 12 #326641 by Hamilton1
Reply from Hamilton1
Dear Jazzie,

If you are on benefits you may be entitled to Legal Aid. Whilst it is important to remember that it is a loan and not a gift you may find it of some benefit to you in your current situation.

You should make enquiries with your solicitor.



  • TBagpuss
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26 Apr 12 #326644 by TBagpuss
Reply from TBagpuss
I agree that you should be entitled to legal aid - if you do then end up remianing in t he house, the cots to the LegalAid can be pt as a charge againat the hosue so you do not have to pay them until the houe is sold, when the childnre leave home.

However, there is no automatic right to remain in the house - this depends on what is fair and reasonable in all the circumstances. unless you ex is very well paid, it is unliekly to be possible, or reasonable, for him to continue to pay the mortgage in the long term.

It may be appropriate for you to apply for maintenace pending suit, to ensure that the status quo is maintained until a final settlement can be agreed, but that does depend on your ex''s ability to pay, as well as your financial needs.

On a practical level, it woudl be sensible to make enquiriesas to whether your lender can offer a payment holiday, to avoif going into arrears on the mortgage. Also check whether you are entitled to mortgage interest benefit to help pay some of the mortgage.

If your ex is not paying for the children, contact the CSA

  • jazzie
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26 Apr 12 #326646 by jazzie
Reply from jazzie
Thanks for your reply. I have now contacted csa. I do have legal aid, and my solicitor is putting forward maintenance pending suit. I have contacted the mortgage company, and am trying to sort out interest only. Will the legal fee bit split between us when the house is sold?

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