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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.


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  • Moggs
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27 May 12 #333340 by Moggs
Topic started by Moggs
FMH being sold as STBX wouldn''t contribute to mortgage, managed to get new job closer to family so wanted to move into rented with 2 children. STBX had agreed to 60/40 split as would need proceeds for deposit and upfront rent (he''s living with girlfriend in pub she manages so no costs for him), only 20k in house after all costs so not a lot to argue over. He is now not agreeing so proceeds will be held as only other asset is navy pension (28 years in navy, married for 15 of those), not out to fleece him just what is due as have left us with nothing and is contributing very little towards the children, but he doesn''t want me to have any and thought that offering me his £9k share in house would be a trade off against his pension (prob worth about £350k). So without proceeds can''t get into rented and only other option is to move back with parents into a little 3 bed so not ideal for children who are having to move schools and everything else. Is there anyway we can get some proceeds released to enable me to get into rented and make the move less traumatic for the kids? All advice gratefully received.

  • LittleMrMike
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28 May 12 #333372 by LittleMrMike
Reply from LittleMrMike
The problem I have in advising you is that I don''t really know enough.

Initial reaction is that

(a) your housing needs are much greater than his ;
(b) you probably have a substantial claim against his pension and there is no way you should abandon it for peanuts.
(c) In low income cases the issue of benefits is always significant.
(d) finding a property to rent when you have children is always difficult.
(e) Is the property in joint names ?
(f) have you yet signed a contract ?
(g) if you haven''t, I think you should seriously consider withdrawing from the deal unless and until there is agreement as to the division of the proceeds. You cannot, just cannot, leave yourself and children without a home. And , if he''s any sort of a father, neither will he.
(h) I advise you most strongly, do not sell your birthright for a mess of pottage, to use the Biblical analogy. At least, bot without further advice. You could have a substantial claim on his pension and you must not, I repeat not, let it go cheaply.

LMM

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28 May 12 #333383 by cookie2
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Moggs wrote:

FMH being sold as STBX wouldn''t contribute to mortgage

If he is not contributing because he doesn''t want to, rather than because he is unable, then you should apply for maintenance pending suit. As LMM says there are a lot of facts and figures missing here but it sounds like you''re letting him off VERY lightly. You can do a lot better.

If you can give us more details we can advise better:

1. Your respective ages
2. Ages of all children involved and how much time (overnight) they spend with each of you
3. Your respective incomes including any benefits
4. Value of the house and outstanding mortgage size
5. Any other assets such as savings, shares, cars etc.
6. Any debts or liabilities such as credit cards, loans etc.

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29 May 12 #333916 by Moggs
Reply from Moggs
To be fair he has me over a barrel. He''s not working and living off his naval pension but new partner manages pub and he has admitted to ''helping'' her out and it is also their home. Kids (13 & 11) don''t see him as lives 400 miles away.
I do work FT and have a new job near my family but in different county hence the move.
Only £20k in house I''ve asked for 60/40 split as will need to move into rented and pay off debts in my name as he cleverly paid off his before he left with navy gratuity. But he is saying no as doesn''t want me to touch navy pension.
Has refused to pay any maintenance / share of mortgage this month so having to borrow shortfall again.
He is being so vile not anyone I recognise and when challenge him about providing for his children he just turns the screws even tighter.

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