Divorce proceedings

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  • trojan10_om
    trojan10_om Posts: 80 Forumite
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    edited 2 February 2018 at 5:19PM
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    Comms69 wrote: »
    Not necessarily. the cost of the nanny may as well be binned right from the get go. There is cheaper childcare options

    So the 'needs' of the children calculation are on far more basic needs than that then?

    Same would apply for the £50 budget for attending children's parties every month!?
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    So the 'needs' of the children calculation are on far more basic needs than that then?

    Same would apply for the £50 budget for attending children's party every month!?
    Ofcourse. Do you currently spend £50 of attending parties or the better part of £1000 on a nanny?
  • Starrystarrynight1
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    As far as I'm aware, you can't be denied access to your own house. Your solicitor should write to her to ask for a set of keys.

    Also, you've mentioned your father in law's financial contribution to the house. Do you have a signed agreement between you, detailing this is a loan only and showing the repayment terms? If not, this can't be taken into account when working out your share of the equity. It'll be treated as a gift. Something else to ask your solicitor about.

    I'm sorry to hear that things have gone downhill. Hope you get good legal advice which will help bring this to a close without you losing out.

    I used to be Starrystarrynight on MSE, before a log in technical glitch!
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    As far as I'm aware, you can't be denied access to your own house. Your solicitor should write to her to ask for a set of keys.

    Also, you've mentioned your father in law's financial contribution to the house. Do you have a signed agreement between you, detailing this is a loan only and showing the repayment terms? If not, this can't be taken into account when working out your share of the equity. It'll be treated as a gift. Something else to ask your solicitor about.

    I'm sorry to hear that things have gone downhill. Hope you get good legal advice which will help bring this to a close without you losing out.
    Unless there is a Non-Mol, Occupation or similar court order.
  • TBagpuss
    TBagpuss Posts: 11,203 Forumite
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    Comms69 wrote: »
    you cannot be considered to be harassing someone purely by being in your own residence. Whilst there may be short term tension, it does tend to speed things along.

    YEs, you absolutely can be be considered to be harassing someone even if it relates to you being in (or attempting to be in) a jointly owned property.
    Speak to your solicitor before you make any attempt to access the property.

    If she has said she doesn't want you contact her except in emergencies, then don't contact her unless there is an emergency.

    It wouldn't normally be reasonable to ask for 2 days in the property. In relation to valuations, suggest (via your solicitor ) 3 local estate agents. propose that all thre re asked to attend and give marketing advice and that you want to be present during their viewings.

    They would then all provide advice to you both, and hopefully you would be able to agree a value based on their advice. If she doesn't want that or you can't agree, the alternative is a formal valuation by a surveyor, in which case it's done with written instructions (which include reminding them they are acting for you both, and that they must note any separate conversations or information they have with or from wither of you) and normally neither of you would be present when they inspect the property.

    it would be reasonable to agree a mutually convenient day and time for you to go to the property to retrieve anything you've both agreed you should collect, and to make a list of anything further you want. She can chose whether she wants to be there, or to be either with a 3rd party, or to have a 3rd party there on her behalf. Equally you can decide whether you want to have someone with you.

    Your solicitor will be familiar with these sorts of issues and is best placed to advise you
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    TBagpuss wrote: »
    YEs, you absolutely can be be considered to be harassing someone even if it relates to you being in (or attempting to be in) a jointly owned property. - read it again, I used the word 'purely'. There are other factors that can make it harassment, but simply living in your own house cannot be harassment.
    Speak to your solicitor before you make any attempt to access the property.

    If she has said she doesn't want you contact her except in emergencies, then don't contact her unless there is an emergency. - agreed.

    It wouldn't normally be reasonable to ask for 2 days in the property. In relation to valuations, suggest (via your solicitor ) 3 local estate agents. propose that all thre re asked to attend and give marketing advice and that you want to be present during their viewings.

    They would then all provide advice to you both, and hopefully you would be able to agree a value based on their advice. If she doesn't want that or you can't agree, the alternative is a formal valuation by a surveyor, in which case it's done with written instructions (which include reminding them they are acting for you both, and that they must note any separate conversations or information they have with or from wither of you) and normally neither of you would be present when they inspect the property.

    it would be reasonable to agree a mutually convenient day and time for you to go to the property to retrieve anything you've both agreed you should collect, and to make a list of anything further you want. She can chose whether she wants to be there, or to be either with a 3rd party, or to have a 3rd party there on her behalf. Equally you can decide whether you want to have someone with you.

    Your solicitor will be familiar with these sorts of issues and is best placed to advise you
    I agree with most of what you're saying to be fair. But the point about being in the house - she doesn't have her cake and eat it. Either buy him out or accept that it's still part his (or 100% his, if joint tenants)
  • trojan10_om
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    TBagpuss wrote: »
    YEs, you absolutely can be be considered to be harassing someone even if it relates to you being in (or attempting to be in) a jointly owned property.
    Speak to your solicitor before you make any attempt to access the property.

    If she has said she doesn't want you contact her except in emergencies, then don't contact her unless there is an emergency.

    It wouldn't normally be reasonable to ask for 2 days in the property. In relation to valuations, suggest (via your solicitor ) 3 local estate agents. propose that all thre re asked to attend and give marketing advice and that you want to be present during their viewings.

    They would then all provide advice to you both, and hopefully you would be able to agree a value based on their advice. If she doesn't want that or you can't agree, the alternative is a formal valuation by a surveyor, in which case it's done with written instructions (which include reminding them they are acting for you both, and that they must note any separate conversations or information they have with or from wither of you) and normally neither of you would be present when they inspect the property.

    it would be reasonable to agree a mutually convenient day and time for you to go to the property to retrieve anything you've both agreed you should collect, and to make a list of anything further you want. She can chose whether she wants to be there, or to be either with a 3rd party, or to have a 3rd party there on her behalf. Equally you can decide whether you want to have someone with you.

    Your solicitor will be familiar with these sorts of issues and is best placed to advise you

    I wrote to her solicitor requesting 2 days in the property to get estate agents valuations and to list property I have an interest in. Still waiting a response.

    She has had some valuations done, they are quite modest values (perhaps based on the option of her dad buying me out).
  • trojan10_om
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    As far as I'm aware, you can't be denied access to your own house. Your solicitor should write to her to ask for a set of keys.

    Also, you've mentioned your father in law's financial contribution to the house. Do you have a signed agreement between you, detailing this is a loan only and showing the repayment terms? If not, this can't be taken into account when working out your share of the equity. It'll be treated as a gift. Something else to ask your solicitor about.

    I'm sorry to hear that things have gone downhill. Hope you get good legal advice which will help bring this to a close without you losing out.

    Yes there is a signed memorandum. The repayment is due 'upon the sale of the property'
  • Alias_Omega
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    Just popping by to bump this thread and say "hi".

    I am in a similar position as you, today is Day-1 for me (Wedding Ring Returned etc) and i hope things blow over and back to "Normal".

    If things dont go well, ill be following your thread on things to do, steps to take etc.

    AO
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