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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.

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Partner''s house

  • coasttocoast
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02 Aug 12 #347008 by coasttocoast
Topic started by coasttocoast
Hi i have been asked to answer in my stbx wife''s questionnaire whether my partner (we live together) owns her own house.
I have attended the first appointment and the judge says this is one of the questions i must answer.
Can anyone tell me the relevance of whether my partner owns her own house or not.
I have previously declared on my form E that my partner is a homeowner and i am a tenant.

Thank you

  • hadenoughnow
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02 Aug 12 #347010 by hadenoughnow
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Just answer by referring them to the numbered question on form E! They obviously have not read it very thoroughly :)

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02 Aug 12 #347014 by coasttocoast
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Ok thank you for the reply.
I am correct in saying that any assets my partner owns are nothing to do with the settlement between me and my wife?
Quite frankly it is none of their business what my partner owns or does not own isnt it?

Thanks

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03 Aug 12 #347107 by cookie2
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No, that is not true at all. You are cohabiting with your new partner. That means her income and assets are relevant. True your ex will not be able to "get" any of your new partner''s stuff, but the fact that you are living with her in a two-income household means that your needs are lower than they would be if you lived alone.

Look at it from the other side. If your wife was shacked up with some dude then wouldn''t you want to know about that situation?

Frankly this "tenant" stuff is a load of old cobblers. You are living together. That is not any definition of "tenant" that I know of. Tenants have a professional and not a personal relationship. I am not surprised the court has ordered that you clarify the situation, and frankly I don''t think they would be very happy if you simply referred them back to where you said you were a tenant. This apparent contradiction is why they wanted the question to be answered in the first place.

  • McGraw
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03 Aug 12 #347124 by McGraw
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But is it not the case! I live with my partner and he cannot afford to pay half of the bills, he cannot afford to pay anything towards our daughter because he pays his ex wife so much SM. He basically is a lodger! He no longer knows how much I earn as I refuse to tell him, in case we ever get into this situation, my salary, my business, not hers, she already controls my life on a weekly basis.

I have to subsidise him and bring up our child so he can pay for his ex to live in a 3 bedroom house house with their child whilst she has, believe me a a very good job, great social life and great holidays.

We live in a 1 bedroom flat and are unable to get a bigger mortgage because of his SM outgoings no holidays and when we went to a solicitor to se about a variation she said don''t bother as his first family is the priority and when we said what about our childs needs she basically said, tough.

But it''s ok for the woman to get a man, move him in and gain from all of that, you still can''t do anything just in case her happy life doesn''t work out.

Surely what his partner earns is none of their buisiness. Where is the Human Rights Law now? His partner should only need to pay for half the bills should she not? and if she has a house that is nothing to do with his ex.

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03 Aug 12 #347128 by cookie2
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McGraw wrote:

I have to subsidise him and bring up our child so he can pay for his ex

No you don''t. That is a choice you made. You do not HAVE TO at all.

if she has a house that is nothing to do with his ex.

Then surely by your own logic, if the ex-husband''s new partner''s affairs are nothing to do with the ex wife, then the ex wife''s affairs are nothing to do with the ex husband''s new partner? You seem ot know all about her finances but aren''t happy for her to know about yours?

  • MrsMathsisfun
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03 Aug 12 #347129 by MrsMathsisfun
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Do you have evidence of what you pay your new partner to live with her?

There is no real definition of cohabition. When you say your a tenant do you mean you pay toward bills etc but not towards the mortgage?

My partner solicitor suggested that when we moved in together to get a cohabition agreement signed to prove that I had no beneficial rights to his property.

It might be best for your new partner to provide evidence of her assets otherwise the court will make assumptions.

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