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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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  • McGraw
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25 Jun 12 #338889 by McGraw
Topic started by McGraw
Hi, I was wondering if someone could help me. Mortgage is solely in his Ex''s name but partner has noticed that his name is not on the deeds (has no idea how they were removed) and he has a 36% share in the FMH to be sold when his son is 18. We already think that his ex has re-mortgaged as lots of nice things have been purchased including a new car.

When I rang the Land Registry asking them what wording should be used to have his name put back on they said they could not help and to go to a solicitor. Great help, we can''t afford one.

I was wondering if anyone can help with what he should put on the form as apparently if it is not worded correctly, they will reject it.

  • jonathancj
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25 Jun 12 #338909 by jonathancj
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Why does he think that he has a 36% interest? If he''s not party to the mortgage, he''s not a joint owner. When he was released from the mortgage, he will have ceased to be a legal owner. Now he may well still have a beneficial interest and that should have been protected by a registered charge, rather like a second mortgage. Was a charge ever registered?

  • McGraw
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25 Jun 12 #338926 by McGraw
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Sorry, my wording, I do not really have much understanding of all this (my partner even less, hung out to dry by the sols who represented him as far as I can see) I have never been married and after seeing what my partner has been through, would never marry either. In the court order it says upon his son reaching 18 the house is to be sold and 36% of the equity it to go to my partner. He pays a high level of SM for this, he was married for 2 years, she threw him out after 18 months, and got the baby she needed!! And he has to pay SM for life.

I am guessing then he should have a registered charge then or something to protect this interest.

  • hadenoughnow
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25 Jun 12 #338928 by hadenoughnow
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Were your partner and his ex married? If they were, was the charge on the property enshrined in a court order?

If so it should have been registered ad a charge with the land registry at the time. His name would not afaik be on the deeds.

Hadenoughnow

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25 Jun 12 #338931 by McGraw
Reply from McGraw
Hi,

If his name is not on the deeds, does this mean that she can remortgage/sell without his knowledge?

  • hadenoughnow
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25 Jun 12 #338946 by hadenoughnow
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If there is a charge registered theb she would nor be able to dell without his knowledge. She could remortgage if the mortgage is in her sole name but would not be able to take out a mortgage that exceeds her share. The important point here is how the 36% was arrived at and the conditions surrounding it.

Hadenoughnow

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25 Jun 12 #338955 by McGraw
Reply from McGraw
Thanks for your response. To be honest it''s all as clear as mud to me, I was not around when all this was going on. My partner hasn''t a clue either (that is the scariest part, he didn''t even know that he had a joint lives SM order until I pointed it out to him) it doesn''t say anything else in the order except what I have written below. He is not a big earner was on 28k when divorced (not on much more now)and has to pay 850 per month and she gets to stay in FMH until son in 18! I get to subsidise him and pay to bring up our daughter We can''t get a bigger mortgage because of his 850 payment so we are stuck in a 1 bedroom flat whilst she is in a 3 bedroom house.

Surely if she re-mortgages that is going to affect his % equity if she has a repayment mortgage? I am presuming that this is why he is paying so much SM? Oh this is all so confusing to me, I have never wanted out of something so much, but it''s difficult when children are involved.

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