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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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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 stbx refuse to sell?

  • MaceyM
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23 Aug 12 #351434 by MaceyM
Topic started by MaceyM
My stbx and myself have finally agreed (well almost) to get a surveyor to value the marital home as she would not accept valuations from six estate agents. The aim is that I buy her out.

However, she is now saying that she may not seek a sale of the house depending on what the valuation comes back with. My concern is that it may apply to a transfer of equity as well.

Therefore, if the valuation isn''t in her favour, could she essentially say that she doesn''t want to sell or let me buy her out and wait until the property market improves? All of this would be while I''m still living in the property and paying all mortgage of which she has contributed nothing to since she moved out!

P.S. We don''t have any kids.

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23 Aug 12 #351439 by cookie2
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Do you have a Consent Order or court order?

If not, then there''s nothing you can do to force a sale or transfer if she says "no".

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23 Aug 12 #351441 by MaceyM
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No, we haven''t even got to that stage yet.

So she could take advantage of me paying 100% of the mortgage until the house price suits her unless I can get a consent or Court order?

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23 Aug 12 #351446 by cookie2
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Yes.

  • Stumpylad70
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24 Aug 12 #351687 by Stumpylad70
Reply from Stumpylad70
I am in a similar situation. As it stands, my stbx is out of the FMH and renting a place, which she complains is costing her a fortune. We have agreed to sell the house and split the equity, though how the split will be done is still to be sorted out.

I think there is about £108000 equity, which after paying fees etc should leave about £100,000 to be split. She seems to only want to get her hand on her money and may not be too concerned about how much the house sells for. I am however as she is going after my pension, and endowment as an offset. So I need to get the maximum price to allow me to buy a new home.

That last thing I want is to be forced to sell for less than the value possible because she is demanding I accept an offer that will leave me in financial woe. As it stand I am willing to wait as long as it takes to get a reasonable price, which benefits her and me, but in the meantime she is still renting.

I dont want it that way because its causing her problems, I actually hope we get a fast offer that is suitable so I can move on. I need to have enough from the sale to have a reasonable deposit, which will allow as low a mortgage as possible, which in turn frees up money to pay maintenance without having to live on tesco''s budget beans for the rest of my life.

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