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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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Jointly owned property

  • SarahMBS
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05 Oct 12 #359413 by SarahMBS
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Hi,

I split with my ex 10 years ago and moved out of our jointly owned property. At the time I tried to get him to sell the house or pay me off.

This has still not been sorted and after paying for solicitors to no avail I have had enough! I am still on deeds and mortgage.

I have found some papers on the internet to apply for an order for sale. Does anyone know how much it will cost me to submit these to the court to finally get this sorted?

Any help will be greatly appreciated.

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05 Oct 12 #359415 by dukey
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Were you married and if so are you now divorced.

What papers are you talking about?.

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05 Oct 12 #359416 by SarahMBS
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Hi, we were never married. There is a pack I have found on internet relating to order for sale. I can''t afford to pay any more legal fees for this!

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05 Oct 12 #359417 by dukey
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I don`t know what you are considering or what form your looking at but the only way you can get an order for sale is by going through court.

The harsh fact is court cannot order a lender to release you from a contract you signed, all even court can do is make her ask if the lender will release you and very often they say no.

An order for sale after ten years separated is not going to happen.

Does it really matter though?, no not really, even if your ex defaults the lender wont chase you.

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05 Oct 12 #359418 by SarahMBS
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Ok, thank you the problem is I have never been paid for my interest in the property. I don''t want half the house just half of the equity as of the date we split and I left.

What should I do my ex has ignored all letters from both solicitors?

There is around £150k equity in the house and all mortgage payments are up to date. I paid the mortgage for the 1st 4 years but have not paid anything since I left.

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05 Oct 12 #359514 by SilverFir
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dukey wrote:

Does it really matter though?, no not really, even if your ex defaults the lender wont chase you.


How is this the case if the OP is still on the deeds and mortgage?

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05 Oct 12 #359527 by dukey
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This couple have been separated for ten years, no lender will pursue the none resident, the costs would make it pointless.

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