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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.

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What is a Consent Order and why do we need one?

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Am I missing something?!?

  • strongerthanithought
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06 Jun 12 #335286 by strongerthanithought
Topic started by strongerthanithought
Briefly - I moved out of FMH 2 years ago, since then I''ve been renting with kids, stbx still in FMH. Two reasonable offers refused by him, apparently because I refused to be bullied into agreeing to his terms re financials. Mortgage and house both in joint names.

Just had a phone call advising me of the following -
1. Current Mortgage deal (fixed rate) is coming to an end, I am expected to agree to another 3 year fixed rate.
2. If I do not agree to sign paperwork he will default on the Mortgage and allow lender to reposess. He seems to think that as there is approx £100K equity that it will take 2 years for reposession to go through (I know that they take action after 3 months - I did my homework already!), but because of value of equity that defaults and CCJs will be deleted from both our credit files after it is sold or auctioned by the lender.
3. If I do not agree to 1 or 2 he will expect me to pay towards the maintenance of the house (having not lived there for 2 years I know I can counter-claim for him to pay rent)
4. The early redemption fees IF I sign up to the new deal will be more than if we had sold last year for a good price; however he is stubbornly telling me that it is a much better deal and he will not agree to any sale before the finances are sorted.

I am currently waiting for Legal Aid to be approved for financials. I feel like just agreeing to his terms (please see my previous post for details) just ot put an end to the bullying; however I know that he will still stay in the house for as long as poss to get ''the best price'' allegedly and more importantly because renting a similar sized property will be WAY more expensive for him.

So please Wikipeeps, AM I missing something? I used to work in finances; surely things haven''t changed that much re CCJs and credit files???

Thanks....

  • cookie2
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06 Jun 12 #335290 by cookie2
Reply from cookie2
1. You are under no obligation to do so.

2. No, defaults and CCJs will stay on your credit file for a long long time. When they are paid off they will be marked "settled", but they will remain visible and will affect both of your credit ratings.

3. Neither of you can "claim" either of these things. It is a common understanding that the occupier of a house pays the whole mortgage in lieu of rent for your half of the house. Most reasonable people would consider this fair, but it is by no means legally binding.


It would make sense for you to sort out the finances sooner rather than later. If he is not willing to come to an agreement then you should apply to court for Ancillary Relief.

  • Munchbunch
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06 Jun 12 #335352 by Munchbunch
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The CCJ''s would be on both of your credit files for six years from the date of issue.

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