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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.

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Can I do the change myself?

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19 Jul 12 #344134 by xxxxhelpxxxx
Topic started by xxxxhelpxxxx

I am a joint owner of the FMH with my stbx. He is living there while I rent a property with our children.

I need to register as tenants in common rather than joint tenants. My old solicitor says that he can do that for me for £150. Is this something I can do myself.

I have found a guide and form "Public Guide 4 – Protecting home rights under the Family Law Act 1996". Should I be filling this in?

I have Nisi and have just applied with Form A for Ancillary Relief because he will not play ball.

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19 Jul 12 #344135 by bluefairy
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Why do you want to do this?

Blue x

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19 Jul 12 #344136 by xxxxhelpxxxx
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So that if I die before financial settlement, my half of the property does not automatically go to him. It goes to whoever I nominate. This will be my children probably but equally could be my sister or one of my parents.

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19 Jul 12 #344147 by revenge
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I recently did the severance of tenancy through my solicitor also changed my will. Severance of tenancy cost £80. Im sure it won''t be long before my husband does the same, but there is no way I want some other woman getting a share of what I''ve worked head for.

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19 Jul 12 #344149 by cookie2
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Yes you can do it yourself, £150 seems a lot for such a small task.

By the way severing a tenancy does not guarantee that your half of the house will go to who your will says it should go to. You are still married. Therefore your husband will have rights to contest the will. Besides who is to say that you will get 50% of the FMH, if the finances aren''t decided yet? And even if you do, a surviving spouse can contest a will if sufficient provision has not been left.

I''m not saying that severing the joint tenancy is not a good thing to do, just that it does not guarantee 100% that your STBX will not get it. The only way to be 100% is to have a divorce and a Consent Order.

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