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What are we each entitled to in our divorce settlement?

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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Solicitors? And Advice please

  • runriarun
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19 May 12 #331645 by runriarun
Topic started by runriarun
I am 48 working full time with a salary of £1800pm
Husband 50 retired living off monthly pension of £1200 and income from flat £585 (paid with his pension lump sum) all paid into our joint account.

I have suffered financial abuse over a number of years and in those dire times I spent £36,000 given to me to "look" after by my father. I spent it all over a period of 7 years. Two years ago my spending and dire financial circumstances came to light. Husband agreed that if at any time my dad asked for the money, needed it - we would raise it somehow and pay him back.

Now two years on, it''s time to go.

I have £15,000 savings in my name but which we had allocated as my sons money which we had been saving for his first house.

My husband has approx £10,000 savings in his name.

MH mortgage free, approx value £250,000 - in joint names
Rental flat mortgage free £120,000 - in husbands name
No utilities or cars are in my name

2 children, 21 & 22 in full time employment, living in MH

I want, need to move out ASAP - I cannot stay in the MH (my health will not stand up)

Q) When I move out, next week - will this adversely affect me being able to secure the sale of the MH. what if husband refuses?
Q) How can I secure interest in rental flat if in husband''s name? - can I do this without using a solicitor?
Q) without freezing joint account - can I remove my name from it?
Q) is there anyway I can ring fence, protect a) my sons money b) my dads, so both pots of money come out from our estate equally. My husband benefitted from my spending, in essence he was able to spend and save by ensuring I had access to little money and thus spending what wasn''t mine.

I am going into rented properly which I can fund, but obviously long term it doesn''t make financial sense when my husband will be sat in MH, mortgage free. I think both kids will move out of the MH as soon as I leave.

Friends say I should see a solicitor but again I am concerned of the costs escalating and also funding this without dipping into the savings which are in my name, but essentially my sons pot.

I am also having to buy a car, as all the vehicles we own are in his name and he is the insurance policy holder. I have never had my own insurance. I am concerned if I take a car he will report it stolen and remove me from the insurance Policy. He has 2 classic cars, 2 motorbikes and I use a small run around for work.

advice please

My husband will have a rent free home
Pension income, rental income
Access to his savings

  • jonathancj
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22 May 12 #332245 by jonathancj
Reply from jonathancj
With this sort of case, I think your friends are right - you should see a solicitor for some advice. Very often people try to save money by not using a solicitor or barrister. They then live to regret this because they adopt an unrealistic stance and make unrealistic demands. By the time the find this out, the case has advanced a long way with all the attendant inconvenience and hostility. Spend a little now and you may save a lot later.

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