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What are we each entitled to in our divorce settlement?

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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Selling the house while my name still on mortgage!

  • Confused67
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17 May 12 #331126 by Confused67
Topic started by Confused67
Hello,

I am facing a rather unusual issue here.

After a Consent Order, I was ordered to transfer my ex wife the house titles we had bought together. This was part of the financial settlement. This house is the one that our children 5 and 7 yo were born and living in.

Now that she wants to move to France to be with her BF she tells me that she wants to sell the house and I can do nothing about it.

Problem is the bank refuses to take my name off the mortgage, since she is unemployed and cannot prove income.

First of all, I did NOT hand the house over to her so that she sells it to live with her BF. I gave her this house so our children would be covered and have an inheritance in the future.

Can she still sell the house without my consent even though my name is on the mortgage?

  • hadenoughnow
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17 May 12 #331127 by hadenoughnow
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Yep she can. It is her house now ... unless you had any chargeback arrangement ie a Mesher Order in which case you would get some cash on sale.

You do need to make sure that the mortgage is paid off from the proceeds of sale .. This should be automatic as the bank will have registered a charge for this.

The issue of her moving the children away is a separate one. You could challenge this.

Hadenoughnow

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17 May 12 #331129 by cookie2
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Confused67 wrote:

After a Consent Order, I was ordered to transfer my ex wife the house titles
...
I did NOT hand the house over to her

Well, if I were a betting man, I would not place much odds on you winning that one. You have a legally binding document telling you to do something. If you refuse to do it then it can only end badly. Your wife could take you to court and claim her costs back from you also.

As for taking the children to France, you should apply for a prohibited steps order to prevent her from doing so. It is very unlikely to be in the children''s best interests to move to France so that your ex wife can be with her new BF.

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17 May 12 #331131 by Confused67
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Thank you for your responses.

I have already signed the deeds over. I found yesterday out that she is selling.

I cannot understand what kind of law lets the children''s home to be sold so that one parent spends the money and leaves them with nothing in the future. This is simply WRONG.

She never worked and I always thought this house as "children''s home", now... this is gone, too together with the 15.000 pounds settlement I gave her last May and she epnt to the extent she had a 6000 pounds debt by December 2011. What went to the children? Nothing.

Even from the 1000pounds a month I sent her as child maintenance she sends to her BF in France, cause "He is so poor...". Even THIS I cannot control so that I make SURE that my money goes EXACTLY where it should go: my children''s'' life and well-being.

  • maisymoos
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17 May 12 #331135 by maisymoos
Reply from maisymoos
Unfortunately what she does with her asset share now is down to her. It is her home and she has the right to sell it. What happens to her estate at the time of her death will also be down to what she writes in her will, there is no automatic inheritance to the children, she could also remarry and we all know what that means if she divorces again!!:(

I suppose the only way you can look at it if she blows her share she cannot come running back to you for more.

Really hope things go well for you in relation to stopping her moving the children to France.

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