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What are we each entitled to in our divorce settlement?

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Solicitors advise

  • dollysmum
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22 Mar 12 #319558 by dollysmum
Topic started by dollysmum
Please help,I joined this site over a year ago and nothing has changed except for the first time I can honesty say I have finaly taken steps to change my life... I went to see Solicitors yesterday and was offered 30 mins free to see if I qualified for legal aid. The meeting turned into 1 hour, the solicitor gave me paperwork to complete as she acknowledges I may qualify for Legal Aid subject to me faxing two months bank statement. A little background, married 12 years, still living in the marital home, although live seperately,ie me sleeping on sofa and have done for 2 years. 5 children, three from a previous marriage, the twins aged 11 from this marriage. All children live at home, 23, currently unemployed, 19 working pays stbx housekeeping, 17, in full time college, and twins in primary school. Mortgage solely in stbx name, mortgage 50,000, house valued 340,000. We are on working tax credits, child tax credits. I do not work, have always been a stay at home mum. STBX on low wage being self employed ie 10,000 a year, although he does have a weekend job as a Door Supervisor, he often gets paid cash and obviously does not declare this. I live on £158 child tax credit plus £47 child benefit,I pay towards electricity, car insurance, some food and childrens cloths, school dinner money stbx pays mortgage, fuel, van insurance etc and main shopping bill. When we purchased the house 12 years ago mum and dad asked if they could move in with a view to spending their lives with us, so they paid 65,000 from the sale of their house, our house was 198,000 minus 65,000 from mum and dad. five years on my dad passed away, mum became unhappy living with us, so she moved out 2 years ago and is renting, she has seen a solicitor and they state that she wants 1/3 of the value of the house, stbx has been dealing with this via his solicitor, he has offered her 25,000 but she has rejected this. Nothing was put in writing or drawn up when thios house was purchased, stbx argument is that it was never mentioned that if they were unhappy and moved out that he would have to repay the money back, this is ongoing, suffice to say there is no charge on the property from my mothers solicitors as yet. This aside my solicitor yesterday stated that his house, he is entitled to stay here, sell the family car (which is in his name,she recommends that because there has been violence in the marriage that mediation would not be a good idea, and that i should find a job, go to the council to see if they could help me, either part buy part rent, or failing that see if i could take the mortgage on???? also that if the divorce goes through before the house is sold (its not even on the market yet) that I would have to move out???? she painted a bleak future for myself, hinting that if he sold the property to his friend and offered my 1/3 of 240,000 i should consider it?? should i get a second opinion??? sorry its so long winded.... help please The marriage has brokenb down and we both feel this situation is unbearable although he will not move out, he stated last week that he is considering selling the house to a friend for 240,000, 100,000 less than it is valued at, can he do this, he said I could have 1/3 .

  • .Charles
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22 Mar 12 #319564 by .Charles
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The first thing you should do is complete form HR1 from the Land Registry to register your financial interest in the property. Whilst sale at an undervalue is possible, your stbx would have to explain this to the court but to avoid this scenario, you should submit form HR1.

The other issue is that of your mother''s interest in the property. This needs to be sorted out before assessing what your needs are. If it cannot be sorted out, your mother could apply to intervene in Ancillary Relief (financial) proceedings but this is expensive and risky for all concerned.

You could get a second opinion but you need to face the probability that you will need to raise a lump sum to pay off your stbx and take on the existing mortgage if you are to remain in the property.

Charles

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22 Mar 12 #319566 by dollysmum
Reply from dollysmum
Thank you Charles, whilst at the solicitors, she registered my interest in the property and said that I was now protected, I did fill in forms. I will not be able to raise any money sadly, not good credit history and no job, is the only way for me to rent privately if the house were to be sold:(

Debsx

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