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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.

 

Property in a deferred order and Mortgage

  • caz4965
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03 Aug 15 #464950 by caz4965
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Hi, I am currently going through a very unpleasent divorce, we have a 10 year old son who is classed as disable and needs routine ant stability. The house we have was brought by my ex before we got together and married,and his name is the only one on the deeds and the mortgage is solely in his name but ever since I moved in I have paid him a monthly contribution of £450 per month towards the mortgage. We seperated and started divorce proceddings in May this year after 12 years of marriage after I found out he was having an affair. He moved into his new partners house within a matter of weeks.
He wants the house sold asap and proceeds split 50/50 as he has got himself in debt over the last couple of years, but I want to stay put partly becuase of our son but also becuase I am in the final year of an IVA and so would not be able to get a mortgage for at least 3 years. As soon he moved out I transferred all the bills into my name and offered to pay half the mortgage, which he begrudingly accepted. He is now threatening to move back into the house with his partner in a bid to force me to move out so he can sell the house, can he do this?
Also if when the fincial stuff is submitted and a deferred order is put in place (which is what I am hoping for) who pays the mortgage bearing in mind I cannot take one on myself for at least 3 years, does my ex still pay it with me paying half and for ow long does this continue. Also if this is the case does he still have the right to enter the house or move back in whenever he feels like it?

Sorry for long post, but am concerned by his actions over the last week.
Thank you

  • MrsMathsisfun
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03 Aug 15 #464956 by MrsMathsisfun
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Duplicate post

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03 Aug 15 #464957 by MrsMathsisfun
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If you wish to remain in property then you need to be able to afford too, which means paying all of the mortgage and the bills. If the house is to large/expensive and or there is enough equity in order to buy suitable accommodation then a court would expect the property to be sold.

Your stbx would only be expected to pay if he earns considerable more than you and has additional income once his reasonable expenses have been paid.

Have you registered your home rights to ensure he doesn''t sell without your permission.

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04 Aug 15 #464995 by caz4965
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Hi,

I earn more than he does and can afford to pay the mortgage as well as all the bills. The main issue is becuase the house and mortgae is in his name alone and due to the IVA I could not take on a mortgage for at leat 3 years as no-one would give me one. I am happy to give mt STBEX the money to pay the mortgage providing he can prove that he is paying it.

Yes I have registered home rights, which did not go down well with him.

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04 Aug 15 #464996 by MrsMathsisfun
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How much equity is there in the property? If the only way you can home your child is to remain in FMH then a court might consider a mesher order.

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04 Aug 15 #464997 by caz4965
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I believe there is about £145K equity in the house which is why he wants it sold asap. What is a mesher order?

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