A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Offer from ex

  • tinkerbell123
  • tinkerbell123's Avatar Posted by
  • Premium Member
  • Premium Member
More
25 Jun 12 #338938 by tinkerbell123
Reply from tinkerbell123
No

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
25 Jun 12 #338941 by rubytuesday
Reply from rubytuesday
What does the SA say exactly re the sale of the house?

If no exact figure is mentioned, then I can''t see why you would need to pay him any additional sum after the sale.

  • tinkerbell123
  • tinkerbell123's Avatar Posted by
  • Premium Member
  • Premium Member
More
25 Jun 12 #338956 by tinkerbell123
Reply from tinkerbell123
It''s because of the amount in my pension. Basically I will have to owe him 27k and the way I was going to raise that was through my half of the sale of the house as long as the house made 215k.

The SA says

"As and when the property sells the first party (him) will reimburse the second party (me) with one half of the costs incurred by the first party in relation to the secured loan and the buildings insurance over the property as vouched from date of separation to sale. The sum due to her will be set off against any sum she is due to pay the first party. Both parties agree to use their best endeavours to facilitate the sale of the property."

I imagined there only being a shortfall of a few thousand if any but I cannot raise £20k. If the house sold for 210k I would be able to beg and borrow £5,000 from relatives but not any more. I wouldn''t accept less than £210k from any buyer.

He is trying to get the house at a rock bottom price (without having to pay stamp duty, fees etc), a big cash sum and also therefore managing to keep girlfriends house which they can rent out.

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
25 Jun 12 #338963 by rubytuesday
Reply from rubytuesday
You would need to agree to the sale price - it sounds as though he is taking the mickey by trying to secure the house so far bellow the valuation.

  • tinkerbell123
  • tinkerbell123's Avatar Posted by
  • Premium Member
  • Premium Member
More
27 Jun 12 #339462 by tinkerbell123
Reply from tinkerbell123
I have said I would sign the house over for 10% less than the home buyers valuation but I don''t think this will suit him. Fingers crossed but I doubt anything will change.

  • tinkerbell123
  • tinkerbell123's Avatar Posted by
  • Premium Member
  • Premium Member
More
27 Jun 12 #339588 by tinkerbell123
Reply from tinkerbell123
I haven''t heard anything back yet but I know the rampage will come.I believe he and GF and baby due in 2 months will move in imminently and because of SA I am tied into paying mortgage - heyho, hindsight is a wonderful thing.

However, how would I go about requesting an order of transfer of property?

In the Separation Agreement it says that both parties should do their utmost to sell the property but my argument is that if he is moving in with baby due and has already made an offer, albeit a ridiculous one, then he has intent to stay in the house and not facilitate a sale. I imagine he wants me to sell it to him for £195k and receive the further 20k shortfall from me but continue to keep house on the market and sell it for the £210k.

I am more than willing to sign my half over to him and walk away for us all to move on. Is there any way I can short circuit this?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 


Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Order £259

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.