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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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Selling of property

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01 Oct 12 #358809 by sanmarco1910
Topic started by sanmarco1910
Hi all - my marriage has been very short lived - less than 2 months unfortunately and we have split up. My wife had a house - however I didnt realise the extent of her debt when we married which was over 50k. In addition, her house was interest payment only so when i moved out she could not afford the mortgage.

She moved out and believes she has found a buyer however has said to me that the offer is 6k short and in summary wants 3k from me to settle.

I would like to know if I am responsible for this debt given that the mortgage and house was in her name and nothing to do with me?

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01 Oct 12 #358813 by Action
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I believe as a general rule, in a short marriage, you take out what you brought in so I guess that applies to the dept too - unless you co-habited for some time before marriage.

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02 Oct 12 #358844 by sanmarco1910
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Just can''t see how the debt that she had was mine just because we got married

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02 Oct 12 #358851 by WYSPECIAL
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sanmarco1910 wrote:

Just can''t see how the debt that she had was mine just because we got married


Because when you get married all your joint assets become one big pot.

How did she afford the mortgage before you moved in?

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02 Oct 12 #359003 by sanmarco1910
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hi. i moved in to her property 2 years before we got married. the house was in her name and her mortgage and every month i paid enough to split all the bills the food and mortgage but my name was never on any bills.

I didnt know the extent of the debt until we were married - the mortgage was interest only with no method to repay at all and was on a 2 year deal (set up just before i moved in) when it went up i had to up my end to cover the bills -


when we split up she had to put the house on the market because she couldnt afford the mortgage on her own and is now claiming that i have to fund it!

just to add that she had a former live in partner who she had to buy out - hence the reason for doing a cheaper mortgage deal - she had owned the house for about 10 years before i met her

to me its almost criminal - what does the law say in these cases do you think

also - she has owned the property for 10 years before i moved in with her

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03 Oct 12 #359040 by Action
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I don''t know what the law says but morally I think that if you take out what you brought into a short marriage then that should apply to debts too so that they remain her debts. I sincerely hope for your sake that is the case!

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03 Oct 12 #359104 by sanmarco1910
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Can anyone shed any further light on this area please?

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