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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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Rights to house

  • claireannette
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19 Aug 12 #350497 by claireannette
Topic started by claireannette
Can anyone give me advice regarding out family home? My husband officially moved out a month ago and has not contributed to household expenses for 2 months. He is kicking up a fuss about my new man staying over an says that as his name is still on the mortgage he can dictate who comes into te house and stays. Is this the case? He only stays a couple of nights a week and the children are more than happy to have him here
The plan is for me to buy him out of the house as soon as I can raise the money and he is happy with this
Many thanks

  • happyagain
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19 Aug 12 #350517 by happyagain
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He can''t dictate who stays at the house, your bf is there as your guest, as would any other friend of the family be. You own half the house and are perfectly entitled to have people stay over; he will not find any law to back him up on this.
However, be careful, he has only been gone 2 months and as such could still access the house. He hasnt been gone long enough for you to enact your right to privacy to stop him entering the house as he pleases.

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19 Aug 12 #350533 by claireannette
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How long would he have to be gone for this right to privacy? He''s told me under law I am not entitled to have anyone staying there or co habiting. Unfortunately I''m not able to afford a solicitor until he pays maintenance for the children so I have to take everythig he says with a huge Pinch of salt and double check what he''s saying!

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19 Aug 12 #350537 by Fiona
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Both spouses have equal rights to occupy the matrimonial home and invite who they wish to stay.

When someone moves out and is settled in a new home elsewhere it can be difficult for them to move back because their rights of occupation have to be balanced against the rights of the person still living in the family home to privacy and a family life. However, if your husband is staying in the former matrimonial home a couple of nights a week you can''t really say he has moved out completely.

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19 Aug 12 #350538 by claireannette
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No. He''s taken the lease of a new flat and taken all his belongings so he has gone. Has taken TV books CDs tools etc too. I there any way I can protect myself from him coming back? Legally I mean?

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