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Can I do this? (Divorce question)

mcx
mcx Posts: 18 Forumite
in Marriage, relationships & families
Hi guys,

Looking at filing for divorce and the plan was to do this myself without getting a solicitor involved for that aspect of it - we have a propery that will need to be the subject of a court order so my question is: can I start the divorce myself and then just involve a solicitor to deal with the property?

Thanks
«1

Comments

  • RAS
    RAS Posts: 36,521 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes

    Highly possible and sensible.

    Why do you think you will need a court order regarding the house? Or is it that you will need a consent order stamping by the court?
    If you've have not made a mistake, you've made nothing
  • mcx
    mcx Posts: 18 Forumite
    RAS wrote: »
    Yes

    Highly possible and sensible.

    Why do you think you will need a court order regarding the house? Or is it that you will need a consent order stamping by the court?


    Thank you :)
    I want to put the property into my ex partners name so that I can come off the mortgage which she won't agree to at the moment despite her new partner living there.
    Thanks
  • Guest101
    Guest101 Posts: 15,764 Forumite
    An interesting quandry - why are you not living there? Your entitled to, why does she get to stay?

    If youa re not living there, are you still paying the mortgage?

    Have you permitted her partner to move in? I would withdraw that, if things arent amicable.
  • mcx
    mcx Posts: 18 Forumite
    Guest101 wrote: »
    An interesting quandry - why are you not living there? Your entitled to, why does she get to stay?

    If youa re not living there, are you still paying the mortgage?

    Have you permitted her partner to move in? I would withdraw that, if things arent amicable.

    I left in August '11 and paid 50% of the mortgage until March this year. I told her in January what my intentions were however I received a call from the mortgage company saying they have only been paid 50% for the last two months so I want to get the divorce sorted as well as the house now rather than waiting any longer.
  • RAS
    RAS Posts: 36,521 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    You need to go for an order for sale; which will cost.

    What are the chances of her income being enough to pay for the mortgage just by herself? Nil?

    The house needs to be sold and you split the equity.

    Any children?
    If you've have not made a mistake, you've made nothing
  • Tigsteroonie
    Tigsteroonie Posts: 24,954 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes, you can do this yourself - although I would recommend you seek legal advice as to your entitlements, the only point at which you'd need action by a solicitor is for the Consent Order to be drawn up as part of financial proceedings.
    :heartpuls Mrs Marleyboy :heartpuls

    MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote

    :) Proud Parents to an Aut-some son :)
  • Guest101
    Guest101 Posts: 15,764 Forumite
    mcx wrote: »
    I left in August '11 and paid 50% of the mortgage until March this year. I told her in January what my intentions were however I received a call from the mortgage company saying they have only been paid 50% for the last two months so I want to get the divorce sorted as well as the house now rather than waiting any longer.

    I think, if you are going to pay the mortgage, you should move back to the house. You are allowed, its yours!

    Then when they have enough of this, and agree to sell
  • neverdespairgirl
    neverdespairgirl Posts: 16,501 Forumite
    mcx wrote: »
    Thank you :)
    I want to put the property into my ex partners name so that I can come off the mortgage which she won't agree to at the moment despite her new partner living there.
    Thanks

    You can't make that happen.
    ...much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    no he cant, but he can move back and make thing awkward
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    edited 15 June 2013 at 6:17AM
    Guest101 wrote: »
    no he cant, but he can move back and make thing awkward

    Easier said than done since she now has her new partner living there with her, i would imagine it could be a bit awkward for him. (the op)
    Be Alert..........Britain needs lerts.
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