friends sticky divorce problems

Valli

Have the solicitors not suggested that the couple attend mediation? They could thrash out a financial agreement there, then (if it is considered a fair one) get it ratified in court. This would be cheaper than paying solicitors to argue for them.

Basically each partner needs to ascertain the value of individual and joint assets at the time of the separation (or on another agreed date post-separation) subtract the debts then take it from there. Pension 'pots' should be included.

bossymoo

If no one is living in the property, its only in his name and he is on the mortgage alone, why doesn't he just sell said property? He alone can instruct estate agent, so whether its worth 20k more or not to the ex is irrelevant, as she cannot insist they wait for a higher offer? He can just sell to the first offer, and declare that value as part of the financial arrangements in the divorce.

Surely if she's not living there she has no "interest" int he property other than the final value on sale?

Assuming there is little or no equity, after estate agents and conveyancers it might just break even making the divorce less complicated? Assuming also there is no children from the marriage, and they both worked, there is unlikely to be any ongoing financial commitment, so just a case of sharing any savings / investments / debts then go their separate ways?

clearingout

bossymoo wrote: »

If no one is living in the property, its only in his name and he is on the mortgage alone, why doesn't he just sell said property? He alone can instruct estate agent, so whether its worth 20k more or not to the ex is irrelevant, as she cannot insist they wait for a higher offer? He can just sell to the first offer, and declare that value as part of the financial arrangements in the divorce.

Surely if she's not living there she has no "interest" int he property other than the final value on sale?

Assuming there is little or no equity, after estate agents and conveyancers it might just break even making the divorce less complicated? Assuming also there is no children from the marriage, and they both worked, there is unlikely to be any ongoing financial commitment, so just a case of sharing any savings / investments / debts then go their separate ways?

if she has any sense, she will have informed the Land Registry that it's a 'marital home' and that would prohibit it being sold for the time being. I would also be wary of just selling it from under her because an 8 year marriage isn't particularly short and there really is a need to get the financial side of things sorted. If he doesn't, this could well come back and bit him - badly - in years to come which is not what he wants when he has a 'new' family.

brownhandbag

It is not a myth. You got divorced 12 years ago - the law does not stand still! Obviously, it depends on the circumstances of the divorce, but it is the starting point when couples have been married a fairly long time.

Agree law does not stand still, the myth is that you will automatically get half of everything.


This chap's ex has been working in her own right and not been a stay at home partner. She still has to prove any entitlement to claim. Example supporting his career/business. Would be different if the house was in joint ownership.

Any family lawyers on here to advise OP? my advice is purely based on own experience and legal advise I was given at the time (as I said 12 years ago). I also received all kinds of advice from people who had a) not been divorced b) heard it from a man in the pub c) read in the paper etc

We all have things we believe to be true. The main point I wanted to make to the op is continue with the legal professionals and do it properly. Don't believe everything others say however well meaning they are as it will just confuse and stress you out!

Brewstersmum

Thanks for the advice, I don't get chance to come often at weekends. Yes the ex did put a land registry thing on so that he is unable to sell the property so like I say its in limbo, just a drain on the resources whilst they wait for the solicitors to sort it out. Mediation has just been requested as has a formal valuation so maybe things will start moving a little quicker for them all.

Thanks for the advice re the ex having to prove she maintained the home, my friend said the financial disclosure showed lots of lingerie shopping and clothes shopping with NO utility bills etc..

Its also interesting that after a year the ex has only just asked for mediation after several heavy solicitors letters (and bills1!) that have so far led to nothing

Hopefully things will move on quicker and my friend can just look forward to the baby instead of her OH having to go to court

neverdespairgirl

Brewstersmum wrote: »

My friend is more worried about the impact the pregnancy may have, if any, as financially he will have to provide for the baby, will this be taken into consideration?

No, it won't. Future pregnancies with a new woman while he's still married (before hte divorce settlement) are completely irrelevant.

It's not "his" house. The couple was married for nearly a decade - it was "their" house. A marital house.

Perhaps friend should've thought more carefully before she got pregnant with a man who is still married to someone else?

neverdespairgirl

Brewstersmum wrote: »

What would happen. If her OH just stopped paying the mortgage? She says its in negative equity and its just a burden in their finances as no one lives there anyway and no one wants to

Eventually, in a few months' time, the bank would repossess, and sell it as a repossesion. That is likely to be less than the price he would get if he sold it himself.

The bank could (and probably would) come after him for the shortfall, including his savings, assets, baliffs, CCJs, possible attachment of earnings - and unlike most debts, they'd have 12 years to chase him, if they don't get a CCJ, rather than 6 years for most debts.

zzzLazyDaisy

neverdespairgirl wrote: »

The bank could (and probably would) come after him for the shortfall, including his savings, assets, baliffs, CCJs, possible attachment of earnings - and unlike most debts, they'd have 12 years to chase him, if they don't get a CCJ, rather than 6 years for most debts.

And in the process his credit record would be well and truly trashed - and so will your friend's if they are are financially linked.

duchy

Brewstersmum wrote: »

She is currently renting her own property at the moment and he lives with her. The property in question is empty and my friends man is paying the mortgage still, obviously as its his debt. His ex pays nothing towards the upkeep of the house.

Does the equity get split from the date of split as he has been maintaining the house for a year after

Why if he's paying the mortgage and his new girlfriend is paying rent (which hopefully he is contributing to if he's living there) don't they let the rented property go and move into the house.

I'm assuming as she is pregnant and he's moved in it's a long term relationship of more than six months so she's unlikely to be locked into renting.
She sounds awfully interested in his finances though-which actually he should be sorting out.

Brewstersmum

duchy wrote: »

Why if he's paying the mortgage and his new girlfriend is paying rent (which hopefully he is contributing to if he's living there) don't they let the rented property go and move into the house.

I'm assuming as she is pregnant and he's moved in it's a long term relationship of more than six months so she's unlikely to be locked into renting.
She sounds awfully interested in his finances though-which actually he should be sorting out.

She doesn't want to move into the house he shared with an ex....understandable lol

She just wants to get it all sorted before baby comes as it's weighing on her mind and the divorce is taking forever to get anywhere