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Separated, how much should I provide?

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  • victory
    victory Posts: 16,188 Forumite
    JackRS wrote: »
    Yeah also a few other advantages oh and you got the 2000 post !

    Such a terrible shame 2000 posts and still no resolve:eek:
    misspiggy wrote: »
    I'm sure you're an angel in disguise Victory :)
  • twiglet98
    twiglet98 Posts: 886 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Making the 2000th post: :j but wish there was more to celebrate.

    Have a great weekend, hang in there...
  • I've spent half of the day reading the thread. Thanks JackRS for your posts. I hope everything goes well for you. I have just been involved in a similar situation, and this thread its been a great eye opener.

    Best regards :)
  • kelpie35
    kelpie35 Posts: 1,789 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Well Jack I hope you had a fantastic weekend with your mates, and you scored the winning goal :rotfl:

    My thoughts on your new rentals.

    Is the 1 bedroom cottage big enough for you to accommodate a visitor staying overnight, I would go for that. Not only is it cheaper rental but your utility bills would be less too.

    I hope that you are able to secure a temporary home without too much stress.

    I am sure you are now counting down the weeks till your court date, maybe time will fly past with Christmas etc on the horizon.

    Take care. :A
  • duchy
    duchy Posts: 19,511 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Xmas Saver!
    Having the two bedroom gives a clear message the kids are welcome to stay (both to visit you and friends they have left behind once Mum moves) , is as reasonable as her "wants" for a property (eg no kids resident but requires bedrooms as if they were) ) and generates more "reasonable expenditure" in the court's eyes.

    I'd consider the two bed very seriously.
    I Would Rather Climb A Mountain Than Crawl Into A Hole

    MSE Florida wedding .....no problem
  • JackRS
    JackRS Posts: 1,063 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    duchy wrote: »
    Having the two bedroom gives a clear message the kids are welcome to stay (both to visit you and friends they have left behind once Mum moves) , is as reasonable as her "wants" for a property (eg no kids resident but requires bedrooms as if they were) ) and generates more "reasonable expenditure" in the court's eyes.

    I'd consider the two bed very seriously.

    Yes I agree the bed is better for me and anyway the 1 bed went before my viewing appointment by which time I’d already paid the £185 application for the 2 bed. So application process is progressing now had to supply last 3 payslips, 2 months bank statements, utilities bill, passport almost as complex and intrusive as a divorce!
    However in parallel my friend who is an experienced landlord has identified some flaws in the process followed for my current rental. They have issued the section 21, although the DPS automatically updates the deposit registration to SPT, I was not issued with the new deposit details in proscribed format (as per prescribed information order 2007) of which also should have been signed by both parties. There are 2 recent cases that gave a high court ruling regarding this point in favour of the tenant. The Section 21 is not valid as my deposit was not correctly registered on 14/8/14 when the Section 21 was served. Furthermore, the deposit was not correctly registered within the legal requirement of 30 days. This puts me in a position whereby I can make a claim at any time for 3x my deposit plus my original deposit i.e. £4,000 as compensation. However, regardless of this I just want to remain at the property at a fair rent. I’m sure it would be in everyone’s better interest simply for me to sign a new 12 month contract as previous. Alternatively I will remain in the property rent free and counterclaim any litigation attempt, but would much prefer an amicable agreement.

    I posted all the statements (7 accounts 12 months statements £3.60 postage!) to my solicitor on Wednesday to ensure they could meet the deadline for today.
    I’m going to London Sunday to meet my daughter for a few hours , well until she’s had enough of me.
    Regards

    JackRS
  • 19lottie82
    19lottie82 Posts: 6,030 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Great Jack, good luck with the new flat and I'm sure you will have a fabulous time with your daughter :)
  • quidsy
    quidsy Posts: 2,181 Forumite

    Alternatively I will remain in the property
    rent free and counterclaim any litigation attempt, but would much prefer an
    amicable agreement.

    Please don't stop paying the rent, this is established as the worst thing you can do. Post over on the housing boards & get their views but basically not paying based on the LL behavior is frowned upon should this ever see the inside of a court.
    I don't respond to stupid so that's why I am ignoring you.

    2015 £2 saver #188 = £45
  • JackRS
    JackRS Posts: 1,063 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Got rent review result saying it should be £695 as it was and £850.

    Also there's a viewing of FMH set for 18 Oct, first one since price dropped last week.
    Regards

    JackRS
  • JackRS
    JackRS Posts: 1,063 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker

    I have received the attached without prejudice letter from ‘ex Mrs JackRS’s’ solicitor, and you will notice that they are putting forward a proposal that does differ quite significantly to what was discussed within mediation.
    Rather than you effectively “buying” a clean break, they are suggesting that there should be an equal split of the equity within the former matrimonial home, you shall then pay ‘ex Mrs JackRS’ a further lump sum of £55,992 in lieu of her claim upon your pension, you will continue to make provision for a vehicle for ‘ex Mrs JackRS’ for as long as you are able to do so, and you shall pay periodical payments of £1150 per month to end upon a trigger event.
    This sort of settlement is not something that we have previously discussed, but I think it would be worthwhile us having a chat, to consider your options moving forward.
    It really does depend on how much you value having a clean break on your income, or whether you would be agreeable to pay ‘ex Mrs JackRS’ maintenance until such time as you retire.
    I look forward to hearing from you with your views.

    Such a relief to receive such a reasonable proposal for a moment there I was worried she might want her cake and eat it.:rotfl:

    This proposal is just going to tie up more backward and forward communication between solicitors, generating more costs, I get the sense that from my solicitor tone she even thinks it’s worth considering. This is in fact the same proposal she made in mediation when considering the assets using half share of transfer value of the pension, at the time she wasn’t sure what to request for maintenance but seems to want what I currently pay until I retire, nice one. I feel very deflated, I appreciate this is a high level starting out point but such a waste of legal fees.:mad:
    Regards

    JackRS
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