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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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can he take the house?

  • Action
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06 Jun 12 #335447 by Action
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Hopefully an expert on Wiki will confirm but I do not think that he can personally force a sale. I think it would have to be an order made through court, either by agreement in a Consent Order or going through the Ancillary Relief process.

Are you the applicant in the divorce? How far along are you? I was advised not to apply for the Decree Absolute until our Consent Order had been approved by the judge.

Don''t let the big fat bully frighten you. These bullies tend to think they can make the rules up as they go along!

  • hadenoughnow
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06 Jun 12 #335451 by hadenoughnow
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Action is right.

I assume the property is in joint names. If it is he cannot sell without your agreement or a court order. If it is not in joint names, you need to register matrimonial home rights which would also prevent a sale until after Absolute.

If he won''t negotiate and does not recognise his responsibility to the children, then mediation will fail. Then you are left with the courts.

I don''t think any judge would expect you and the children to end up in social housing (if you could get it) so he can get a mortgage for a new place. An order for sale may be considered if you are overhoused and if there is enough equity for you to be mortgage free. There could still be s mesher order on a new property.

Of course it will all depend on the finances - aged, incomes etc.

Hadenoughnow

  • Gloriasurvive
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07 Jun 12 #335456 by Gloriasurvive
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Thank you again for advice and things to consider.

He told me that if he went to get a mortgage he would have to have his name removed from ours. We have a joint ownership and mortgage. The house is 3 bed with a study that could be another bedroom. I have two children. 11,15.
I don''t think he can just do this from what you are saying.
He said he could not get a house of his own and I needed to release him from the mortgage. I know it will be disaster if I did.
We are at such an early stage I was only just able to hold a conversation today that didn''t end up in a blame fest!
I am very untrusting of him just now.
I am not in a rush for a divorce either...makes no odds to me.
I can''t financially afford anything just now.

Thank you once more for reading this and commenting.

  • julie321
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07 Jun 12 #335494 by julie321
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Gloria

Don''t let him bully you, ignore what he says he can do and rely on the experts here and your solicitor. He cannot make up the rules to suit himsself no matter how muchhe would like to. Good luck.

  • ascatfish
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11 Aug 12 #348848 by ascatfish
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Hi Gloria

There are two things at work here - one is what the Judge decides and the other is what your lender will allow.

Now the Judge can award you the family home AND say that his name can come off the mortgage BUT if the lender doesn''t think that you can afford the mortgage on your own they will not release his name from the mortgage and he is stuck. All the Judge has agreed is that his name CAN come off not that it MUST come off immediately . That situation can remain like that until such time as you can afford the mortgage etc - if it is obvious that you cannot in any way afford the house the judge may request a sale but given the children this is unlikely.

Hope that helps

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