our house/mortgage is in my name, but my husband has got land registry rights, im trying to sell as we are divorcing, but hes digging his heels, more like burying his head. my solicitor has said for me to "be in charge and control" with the sale and estate agents. obviously husband will get half, but just what sort of control do i have in finalising things, else the way its going we will be re possessed.
thank you for replying...... (ive just been told i have PTSD due to D/V, i cant seem to absorb info these days)....... im happy to split sale proceeds but hes not moving with divorce, as hes no money, he will no doubt pay for divorce from house sale..... (im letting him do divorce proceedings) ive just paid for paperwork to deeds, and yep im registered owner, he has land reg rights........ but does he have much of a say in the finalising of the sale etc, obv i will do whats best for us....
You cannot have a legally binding financial settlement until you are at the decree nisi stage of divorce. Having said that, there is nothing to prevent you having a properly drawn up agreement and splitting funds now then later have a consent order. There is an element of risk i.e. he may depend his share then want more. You also need to be sure that 50:50 is fair - taking into account things like the length of the marriage, your respective incomes, needs for housing and income, children etc as well as the assets you have between you including pensions. As I said another option is have the funds retained pending financial settlement.
We would need to know a lot more about your circumstances to give any useful advice about fairness.
You really do need to get the ball rolling on divorce. The minimum cost is just the court fee (£550) if you use the government's online service. If you are the petitioner you can ask that he pays (or rather replays) the costs or you can agree to split them.
If you are intending to use unreasonable behaviour grounds, try searching the site for examples of UB other posters have used.
hi...its not straightforward...... he has no money, business he doesnt bother much with, been married 25yrs, i have savings (inheritance) but he wants to do divorce which im happy with, im scared if i divorce him it will be more than the £550 as he will be awkward...???? i left as of D/V ..returned as let down by authorities, because i have savings, and had to pay 4k for 11 weeks temp council accommodation, long story, so back to square one being scared in the house which needs selling.... house in MY name, HE has land regs.....once house is sold, yeah money can be held with solicitor....ideally split half.... BUT... can i have final say about the price etc.....????? with my depression i cant think about past the sale of house.....sorry...im just having a bad time mentally.....
If you divorce on grounds of unreasonable behaviour aand the grounds are well written, there is no real chance of a successful defencd. If he is the respondent and there is a costs order, he would have to pay (pay back) the costs inluding any increases caused by him.
This is in relation to the divorce only. The financial settlement is separate. For this each party pays their own legal costs. If you have agreement, the process is pretty straightforward and need not be costly. If you don't agree and fight all the way through the courts with solicitors etc, it can cost thousands.
This is why many people self represent.
25 years is a long marriage so the start point for division of all assets (including the business, any pensions etc is 50:50. It doesn't necessarily end up like that because settlement is based on needs and the means you have between you to meet them. So, for example, if one party earns considerably more, the other may get a greater share of equity if that's what they need to house themselves.
hi.. thank you again.... im struggling to take anything in.... i can only deal mentally one small step at a time.... my solicitor told me i have final say in house selling... as im only one on mortgage. deeds...he has land reg..... so can i accept an offer i think is reasonable..... as we need house sold before repossession starts...