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Divorced-Dec Absolute-AHEAD of Finance Settlement

  • Div1LC
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11 Oct 12 #360359 by Div1LC
Topic started by Div1LC
My husband out of blue wanted divorce - I (app) divorced him (Resp) with Decree Absolute in July 2012 and he''s now with new partner. He left the marital home on 5th Dec 2011. He has rejected every offer i have made to try to settle ahead of Final Hearing set for Jan 2013. I had Deed of Trust drawn up before we bought the MH (2yrs prior to our marriage) to (hopefully) protect the capital I invested into the MH (I invested my life savings which I worked hard for when I was single) he had no money when I met him so could not contribute a penny. We were only married for 6 years and 4months, but together for 3 yrs prior to that. NO children. He wants all our property sold and proceeds split. (MH plus 3 small buy to lets) I want to raise an enormous mortgage and buy him out. I have got an agreement in principle from a lender to do this and I have formally made him an OPEN offer based on what he said he wanted at the FDR hearing. (60/40 on MH & 50/50 on buy to lets). He hasn''t accepted or formally rejected this offer in writing as yet, but his solicitor told mine on the phone he won''t accept and wants all the property sold (to someone else - not me). Can he force this on me? Do I still need to allow the estate agent to carry out viewings on my home against my will? I work part time from home and it is very upsetting and inconvenient. I sold all my previous properties to buy this house and stand to lose massively if I sell the house in the current economic climate. Please help???? :(
PS: After Decree Absolute - he broke into the MH whilst I was away for a few days, with a hacksaw and his new girlfriend crawling through my A4 sized dog flap, removed set of kitchen knives, binoculours and a few other insignificant items. He confessed to the police it was him but they wont do anything further as they say he still owns the house with me (which he does as joint owners in UNEQUAL shares, as per the Deed of Trust).

  • sulkypants
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11 Oct 12 #360382 by sulkypants
Reply from sulkypants
Just a point, a deed of trust can be set aside by a Judge when they make an order, as you are going for a full hearing no doubt he will be pushing for this to be the case.

  • Div1LC
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11 Oct 12 #360392 by Div1LC
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Thanks - yes I think you are right, I have done everything possible to avoid a FinalHearing and the cost implications of such, but he seems adamant to go to FH.
At the FDR the Dep Judge suggested a 60/40 (in my favour) would be what he would expect at a FH (as opposed to the 70/30 of my Trust Deed) and that''s why I offered 60/40 to him in my OPEN offer, to avoid the costs of FH.
Doesn''t he risk the FH judge looking unfavourably on him NOT accepting this in avoidance of exorbitant legal costs for the FH, when a Judge is likely only to award him that anyway?
I can prove via bank statements etc, my huge contribution over the lack his. (not just upfront in buying the property but also ongoing throughout the payment of the mortgage). His self-employed income was questionable and not forthcoming towards joint household expenses throughout the marriage.
Your further advice is appreciated.........

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