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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.


Can I be forced to sell the Marital home?

  • greycat
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18 Jul 12 #343975 by greycat
Topic started by greycat
I am divorced my husband left the marital home 2 years ago.

After unsuccessfully trying to sell the property, I have lived there and paid the joint mortgage and all running costs by myself.

It was agreed with my ex-husband that until the property market improved the house would not go on the market.
The value of the house has dropped even more, I believe I am now in negative equity.

My ex husband is financially well off ( he earns 3 times more than I) and is living with his new partner ( in her house) He wants me to sell the house as he wishes to purchase another property, this would not only leave me homeless but in more debt. I do not earn enough to take over the mortgage, I can however just cover the existing payments as the mortgage is interest only.
I have lived in the property for 9 years, we were married for 7 years.

Can he gain a court order to force me to sell?
Thank you in advance for any advice.

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18 Jul 12 #343979 by bluefairy
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Hi

you say you are already divorced, what was the financial arrangement regarding the house at the time of the divorce?

Blue x

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18 Jul 12 #343981 by greycat
Reply from greycat
Hi Blue

The arrangement was to sell the house.

I had it on the market for 9 months had 36 viewings dropped the price by £40k and not a single offer.

My ex husband agreed to take it off the market until things improved - he is not paying anything towards the property and is just waiting for his share of equity ( not that there will be any now)

Property prices have dropped massively to when the house was first valued 2 yrs ago.

thanks :)

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18 Jul 12 #343982 by cookie2
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You say "arrangement". Was this formalized in a Consent Order or court order? Or was it an informal agreement between you?

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18 Jul 12 #343984 by greycat
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From memory I think it was in the Consent Order and informal agreement between us.
There has been no court order.

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18 Jul 12 #343985 by cookie2
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greycat wrote:

From memory I think it was in the Consent Order and informal agreement between us.

Which one?
This makes a huge difference.
If you don''t have a Consent Order that has been stamped by the court then your options are extremely limited.

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18 Jul 12 #343988 by greycat
Reply from greycat
We had a Consent Order for a Clean Break.
No future claim on each others finances.

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