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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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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.


House Sale

  • fairplay
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28 May 12 #333395 by fairplay
Topic started by fairplay
I own a property with my ex (un married partners) and my name is on the mortgage.

I moved out in 2009 and have not paid the mortgage since.
She has now put the property on the market. At what point do I need to get inolved with the sale of the house as I understand the split will be 50/50. Does she need my signatue for the house to be put on the market?
When an offer has been made, what is the process for the split of the profits as she has indicated she is going to take all the profits. Any help on the process would be gratefully accepted.
Thank you

  • Hamilton1
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28 May 12 #333399 by Hamilton1
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Are you also registered at Land Registry as the owner? Do you know if you own the property as joint tenants or tenants in common?

H

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28 May 12 #333412 by fairplay
Reply from fairplay
Would I be able to find that information from the mortgage company as I am unsure.

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28 May 12 #333414 by fairplay
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my name is on the deeds, does that help?

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28 May 12 #333417 by Hamilton1
Reply from Hamilton1
Ok -that sounds good, but if you personal message me the address I can print off the office copies from Land Registry and let you know exactly what the position is.

Kind regards,

H

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28 May 12 #333445 by cookie2
Reply from cookie2
Most likely you are entitled to 50% of the proceeds. She will not be able to sell without your permission. If she accepts an offer without consulting you then she is pretty stupid, she is going to look quite bad accepting an offer which falls through when you refuse to sign.

You should let the estate agent know of the situation.

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28 May 12 #333446 by fairplay
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I rang the estate agent this morning to ask them to keep me in the loop with regards to viewings/offers etc. Does she need my signature too for the property to be put on the market? Also if an offer is made, how are the funds issued and split? At what point should I consult a solicitor?
Thank you

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