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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.


Occupation Rent

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03 Jul 12 #340916 by humdrum
Topic started by humdrum
Would I have to apply for occupation rent via the family court Ancillary Relief proceedings, or is there another legal route? (property is jointly owned, no mortgage, and stbx has excluded me from the property over past year)

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03 Jul 12 #340927 by Fiona
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There is a general rule that one co-owner can''t recover rent from another co-owner in sole occupation. The rationale being that co-owners are both equally entitled to occupation and one cannot claim rent from another (Jones v Jones [1977] 1 WLR 438, 441). There are exceptions of course, but rather than getting bogged down with the issue it''s usually better to press on with reaching a financial settlement.

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03 Jul 12 #340953 by cookie2
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If you want rent then surely your ex will want you to pay your half of the mortgage. It''s normal for these figures to "cancel out". Therefore the sole occupier of a jointly owned property pays the entire mortgage in lieu of rent. Most people consider this to be fair.

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03 Jul 12 #340963 by Fiona
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Cookie, as I read it there is no mortgage to pay.

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03 Jul 12 #340966 by cookie2
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Oh yeah, sorry missed that bit :)

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