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Dispute over Matrimonial Home

  • pauljoe
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06 Oct 12 #359583 by pauljoe
Topic started by pauljoe
Hi, I was wondering if anyone can provide some advice please.

My wife and I split up in Aug last year after I discovered she was having an affair. I have been living in rented accommodation since then, whilst she lives with our 2 kids (aged 12 and 15).

There is approximately £220k of equity in the “matrimonial home” after deducting the mortgage. I have £40k in pension and she has no pension. She has been paying the very small mortgage on her own since I moved out.

For the last 6 months I have been negotiating a Consent Order that basically means her and her boyfriend of 18 months will buy me out of the matrimonial home.

I am the Petitioner and Decree Nisi was granted in June 2012. I was waiting for the Consent Order to be approved by court before I apply for Decree Absolute.

Her solicitor had agreed to split the assets 50 / 50. I was expecting to get in the region of £90k from her so that I can get back onto the property ladder.

One week before signing the agreed Consent Order she changes her mind because she “is not ready for him to move in, and likes her independence”. She is unable to buy me out on her own (she earns £16k per year) and has indicated that she will see if she can be awarded the house until my youngest reaches 18 (Mesher Order).

I have the following questions:

1. What are the chances of her getting a Mesher Order in place, considering that there is plenty of asset in the house? I am willing to buy her out and pay her £130k, which means she can get her own mortgage for a 2 / 3 bed house for £210k.

2. If I threaten to move back in will she be able to get a court injunction against me to stop me doing this?

3. I was waiting until the financial terms were lodged with the court (via Consent Order) before I apply for Decree Absolute. Can she apply for the Decree Absolute regardless?

4. Can I apply to the court to resolve the issue, e.g. force sale of the house / me buy her out?

  • MrsMathsisfun
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06 Oct 12 #359597 by MrsMathsisfun
Reply from MrsMathsisfun
As there is enough equality in the property for you ex to be suitable re home I dont think a court would agree to a mesher order. These are usually only if thats the only way the party with the children can be homed.

My partner had similar issues with his ex, in that she would agree something then change her mind. When a agreement was finally reached and the Consent Order was written up he asked what happened if she ''''changed'''' her mind again. The solicitor said because there had been an agreement he could request costs if it went to court. So you could take it to court and get a judge to decide.

You can claim the absolute without financial agreement.

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