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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.


Joint ownership to single ownership

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18 Aug 12 #350294 by soulruler
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Loans are often harder as they obviously include capital repayment as well as interest and the interest tends to be at a higher rate than that of mortgages.

Is it a joint loan as well as a joint mortgage or are you solely liable in law for the loan?

Bearing in mind you have a Separation Agreement it does seem odd that she is not prepared to allow you a lodger as she is not forcing the sale of the house right now and reducing debt liability for both of you makes total sense.

It is one thing stating that you are not going to allow a lodger and another thing actually enforcing that and giving reasons as to do that she would have to take you to court.

Maybe a little re-assurance and perhaps putting your foot down would help. Sounds like she is savy enough not to prejudice her current credit rating otherwise she would not be contributing to half your joint mortgage debt.

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18 Aug 12 #350300 by soulruler
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Dukey

Thinking about what you said about the TR1 not being enough for a lender that you need an order from a judge.

Yippee, more good news for me as my ex failed to transfer the house to me following his suggestion at the final hearing and then my appeal to appeal court because of the extrajudical part of the order.

Husband then attempted to grab all the assets out of the courts jurisdition, judge discharged that application, one year followed and still no co-operation from ex so we ended up in High Court as case was transferred from circuit court by the judge and then sitting in the PRFD in London the Judge wrote an order stating that a district judge was to sign the transfer.

Exellent news, Dukey thanks so much yet again, information is power.

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18 Aug 12 #350301 by dukey
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Soulruler

Please bear in mind i have no experience of high court only the lower court, i imagine there is an answer to this which would doubtless be decided in high court, if not already.

I do know of one case still ongoing after two years from FH as yet there is no definite answer, the land registry lawyers are awaiting its outcome, right now i think its still a long way off.

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18 Aug 12 #350305 by soulruler
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Dukey

No worries I appreciate your concern. What you say makes sense however especially bearing in mind I have been in contact with the bank for years now keeping them updated on my attempts to pay and then asking them to come to court when my ex was trying to claim the house back by litigation years after he was ordered twice to transfer the house and he still has not transferred the house but has severed the joint tennency (what was the point of that AFTER one order for him to transfer the house and his solicitors to progress the TR1 and then a High Court Judge ordering that the house be transferred to me because of his refusal and that it could be signed by a district court judge - not even a circuit judge - back to basics there).

Also there is the case of Etridge v Bank of Scotland. In that case the house was ordered to be transferred to the wife and the husband was to make maintenence payments for the mortgage. Subsequently the husband went fraudulently bankrupt and the bank attempted to reclaim the house. The court ruled in favour of the wife and the bank lost out.

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