Divorce and mortgage

yoyo123_2

no deception i promise!

Thanks to you all for your advice, I think i'm still going to confirm it with a solicitor, but you have made me feel much easier

Valli

Talk about deception...

my (last) ex submitted form E with attached bank statements.

Bank statements are NUMBERED and have DATES on - gaps were OBVIOUS

and because he was jerking me about I went through them and asked for LOTS of supporting evidence. (Not least because two lots of wages from two employers were being paid into his account)

He accepted mine on first put-through;)

property.advert

Well, in my divorce, the division of assets dragged over well after the decree absolute. I would urge you to get some professional advice and more practically, to not enter into this mortgage name swap idea at all.

I suspect that a competent lawyer can draw up an agreement which your wife would need legal advice of her own on and which would set out a legal basis for what sounds like a personal agreement.

yoyo123_2

thank god i'm not in that situation...

Just so i can get this straight (you can tell I have not been the one in charge of the divorce), did you fill out form E before or after the nisi?

All of our financial settlement has been informal so far, and i am assuming that any claim on assets can only be from the point of separation i.e. 2 years ago and not from the point of absolute?

Valli

Your solicitor SHOULD have advised you to get a financial picture ie valuations, balances of savings, pension, debts at a point shortly after separation.
You then both agree this and THAT'S the amount split, however the split is allocated.

At my point of separation the debts were higher than they were when the split was settled, which was after the divorce due to my not having a permanent contract and therefore unable to take on a mortgage. And pay HIM his pound of flesh.

Bitter? me?

naaaa

yoyo123_2

property.advert wrote: »

Well, in my divorce, the division of assets dragged over well after the decree absolute. I would urge you to get some professional advice and more practically, to not enter into this mortgage name swap idea at all.

I suspect that a competent lawyer can draw up an agreement which your wife would need legal advice of her own on and which would set out a legal basis for what sounds like a personal agreement.

You're right that all the arrangements so far have been personal, i was hoping that any further arrangements wouldn't be too onerous. What i need to clarify, and i guess i need this from a solicitor, is that any division of assets comes from the point of separation, not from the point of absolute.

coldstreamalways

Decree Nisi/Absolute don't mean anything with regard to finances. To ensure neither of you can make any further claims against each others estates you need to have a consent order/clean break order stamped by the courts. You really need a solicitor for this. Just having an absolute etc means your ex can still claim against you (whether you have agreed it amicably now or not). Not sure when the claim on assets is from but if you get a consent order, it doesn't really matter as you both agree on the division of assets.