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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.


Repossessed house

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30 Jul 12 #346163 by aluna
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My partner is divorced with a child. With his ex-wife they have two properties. In the Consent Order they agreed to sell the big house (where she used to live) and he''ll keep the smallest one. He''ll get a small amount of the equity for the big house and the small house. They had a buyer for the big house but finally he pulled out. He''s asking me to join the mortgage with him for the smallest house, but the big house hasn''t been sold yet and she''s not paying the mortgage because she has moved somewhere else. My question is, if we finally put the smallest house in both our names and the big one gets repossessed, can she claim for part of the small one so we will end paying her some money?

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30 Jul 12 #346180 by cookie2
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She cannot do anything except what is specified in the Consent Order.

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30 Jul 12 #346183 by aluna
Reply from aluna
Hello cookie2, thanks for your answer. And what happens with the amount she''s supossed to indemnify him for any losses or charges on the big house?

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30 Jul 12 #346185 by cookie2
Reply from cookie2
What does the Consent Order say about that?

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30 Jul 12 #346188 by aluna
Reply from aluna
The Consent Order says that she will indemnify him. Does it mean that the amount she agreed to pay him has to be paid? Even if the house gets repossessed?

And it that''s the case, she doesn''t have the money, so how likely is that he''ll get the money in the end?

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30 Jul 12 #346194 by cookie2
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Really need to see the Consent Order to be able to answer this kind of question.

It will be treated like any other debt. If she does not have the money then she does not have it. If she has assets then he could force them to become liquidated to pay the debt. But if she has nothing then, well, you can''t get blood from a stone.

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30 Jul 12 #346197 by aluna
Reply from aluna
I don''t have the Consent Order with me now, but I''ll send you a copy when I get home. Thanks very much for your help.

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