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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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Dividing the house

  • carlos the jackal
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10 May 12 #329768 by carlos the jackal
Topic started by carlos the jackal
Hi all, to cut along story short, just split from my wife of 18 years. Divorce pending but in the early stages. I have paid the mortgage for twenty plus years. If i allow my wife to stay in the house until our children are 18 (14 and 17 years) will i be entitled to a bigger share of the house? i was told that there is case law, due to the spouse living rent free, the mortgage payer can claim a bigger split, maybe 70/30? can anyone confirm and the case law?
thanks :dry:carlos the jackal

  • MrsMathsisfun
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10 May 12 #329779 by MrsMathsisfun
Reply from MrsMathsisfun
Welcome to wiki.

If your were married then both parties will have been considered to have contributed equally to the mortgage and you wont necessarily be entitled to a larger share because you actually paid the mortgage.

The split of the assets will depend upon the whole financial situation.

  • cookie2
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10 May 12 #329831 by cookie2
Reply from cookie2
Normal law is usually used before case law. Case law is for settling difficult or awkward situations. The one you describe is not complicated or unusual at all, quite the opposite, it''s very common.

What do you mean by "allow your wife to stay in the house"? She has a right to remain there. You do not have to "allow" it. If you tell her to leave, she can tell you to take a hike.

If I understand you right, you are thinking of not getting a formal resolution to the finances of your marriage for the next 4 years? If so then this is a very risky tactic. For starters your wife could apply to court at any time - probably when it most benefits her. Secondly if you do not get a Consent Order then you will be tied financially to your wife - if you for example win the lottery or inherit something, your wife may have a claim to it, or may be able to get more of the house equity as a result. Therefore you really should resolve your finances formally when the divorce is done.

That resolution may or may not be a Mesher order, it depends on the figures and details.

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