A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


What is my entitlement in the property we own?

  • barroni1977
  • barroni1977's Avatar Posted by
  • New Member
  • New Member
More
08 May 12 #329303 by barroni1977
Topic started by barroni1977

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
09 May 12 #329351 by LittleMrMike
Reply from LittleMrMike
Your '' remedy '' if there is one, would be to apply to the Court for an order for sale. I am, by the way, assuming you are not married, and what follows is offered on that basis.
The chances are that, if you make an application at this time, the outcome would be that the Court would make an order for sale but defer its implementation until your child was 18. I don''t know how old he is but if you want to force a sale now, rather than later, the odds are clearly against success.
When he does reach his majority, the probability is reversed, and the odds are that the Court would make an order. There remains the question of what the division would be.
If the property is in joint names, the chances are that it would be 50/50, but it must be stressed that this is not automatic. Legal advice is always recommended.
Again if the house is in joint names, your former partner could not sell the house or mortgage it without your agreement.
LMM

  • barroni1977
  • barroni1977's Avatar Posted by
  • New Member
  • New Member
More
09 May 12 #329361 by barroni1977
Reply from barroni1977

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
09 May 12 #329461 by LittleMrMike
Reply from LittleMrMike
Unfortunately asking a question like this is rather like asking whether I can repair my own car. The answer is, yes, I can, as long as I know how to do it. But if I don''t I''m best advised leaving it to someone who does.

At the moment, if you take legal action, the outcome is probably an order for a sale deferred until your son is 18, followed by some provision as to division of the proceeds.

It is not very sensible taking legal action if you might lose, the outcome could very well be that you would have to pay the other side''s costs.

You should be able to find a solicitor who will give you 20-30 minutes free legal advice. You have two tuppence worth.

LMM

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11