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Post divorce house split - advice please

  • supermum2000
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03 Sep 12 #353571 by supermum2000
Topic started by supermum2000
We are in the Decree Absolute stage of divorce after 13 years of marriage, I have spent the last 6 years as a full time mum raising our 3 children. When we separated it was my ex husbands suggestion that he take his bike which he said was worth 10k and the car worth around 6k and his idea was for me to take over the house, mortgage, all bills etc...and for him just to pay maintenance of £120 a week.Therefore the children stay in the marital home near school etc... Also, when we bought the house, I put in an extra 17,000 of my own money whereas he didn''t put in anything. Now we are in the latter stage of divorce and have already agreed the above, where do I stand as he is hinting at changing his mind and says that he may want more out of the house/equity. For the last 9 months I have been paying everything including the upkeep and maintenance of the house and his only contribution has been £120 a week maintenance which basically pays for the childrens food. I have been maintaining this house for the last few months and also trying to restart my career with 3 kids to look after as he only has them overnight once a fortnight. When we separated we both signed a Separation Agreement confirming i would take over the mortgage etc.. and he was to have the car and motorbike. Where do I stand in resolving this ? Any help appreciated , thank you

  • LittleMrMike
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03 Sep 12 #353604 by LittleMrMike
Reply from LittleMrMike
The difficulty you have is that a separation agreement is never totally watertight.

The general principle, as laid down in a case Edgar v Edgar, is that they can be enforceable, subject to certain conditions.

These include :

1. A full disclosure of finances on both sides
2. Both parties have access to legal advice ;
3. The agreement is within the general parameters of fairness.

But even if the agreement is held to be unenforceable for the reasons I have quoted, it is of course pertinent to ask - if it is so unreasonable, why did he agree to it ?

Ultimately, only an order of the Court is legally watertight and for this reason many couples sensibly get their agreement rubber stamped by a Court to make it enforceable.

Unfortunately I can''t comment on the reasonableness of the agreement without knowing more details. Your problem is likely to be that, if the house is in joint names, then both of you need to concur in a sale and your husband could kybosh the whole thing by refusing to sign a contract till he gets what he wants. If the house is in his name alone, you need to take steps to protect your interest. If this is the case then let me know and I will explain what you need to do.

But in the final analysis, if you can agree on the division of the finances - with or without the help of a mediator - you need to go to Court to resolve it for you. You need to consider whether the amount at issue justifies the expense.

LMM

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03 Sep 12 #353632 by supermum2000
Reply from supermum2000
thanks very much for the advice. At present I am living in the property with the children and he wants me to look at getting his name removed off the mortgage especially as I have been paying all bills and mortgage etc...for the last few months. He basically wants to walk away without having to pay anything in regards to the house.
I am in the situation now though where it will cost me hundreds of pounds at least to arrange to take his name off the mortgage which I cannot afford to do at the moment in time therefore for now I have no choice but to leave his name on the mortgage.

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