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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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Help desparately require re: Marital Home

  • help123
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24 Aug 12 #351680 by help123
Topic started by help123
As part owner to the marital home, I have been thinking of moving out with my two children to another home which will be cheaper to run as I am stuggling finiacially. I have spoken with the ex-husband in order to sort out renting the marital home.

He has since informed me he will not let me rent it out and is demanding that I sign the house soley over to him without any financial decisions being reached through the courts etc, and no finiancial disclosure from both parties, he has been putting unnecessary pressure on me to sign the house over to the point of being abusive, I feel he has a solicitor for advice and he knows I cannot afford a solicitor at present.

I am currently a full time mature student with no other source of income except my student grant and csa payments. He is a high flyer executive cohabiting with his high flyer executive girlfriend with a joint income of a substantial amount.

We were married for over 15 years, Can he demand that I sign the house over to him and where do I stand legally on this issue, can I disagree to sign the house over to him.

Any advice would be gratefully received. Thank you for reading my post and I look forward to hearing from you.

  • sexysadie
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24 Aug 12 #351683 by sexysadie
Reply from sexysadie
He cannot demand this at all. In fact, if you have the children living with you it is not unlikely that the court will require him to sign the house over to you, if you can afford to pay the mortgage.

You would probably be better off staying where you are with the children and applying to the court for maintenance pending suit for yourself to enable you to keep up with the costs of running the home while things are being sorted out.

Then you need to file for Ancillary Relief. If you really can''t afford a solicitor you could represent yourself, though you should first see if you can apply for legal aid.

The reason he wants to settle without financial disclosure is that he will greatly benefit from this, given the disparity in your incomes and living circumstances. Don''t do it.

Best wishes,
Sadie

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