Complicated property issue after divorce!

RAS

millymollie wrote: »

Its such a messy situation

Even more so if either of them have pension funds:(.

If he had done this at the time of the divorce the starting point would have been 50% each of the equity at the time and probably 60-70% in his favour plus half her redundancy fund in his favour.

NAR

millymollie wrote: »

NAR- many thanks for that.

I have made a note of that. So say both parties agree on a figure of say 20k that his ex wife is entitled to, is that all she would be entitled to from the sale of the house, ie not just automatically 50% of the current equity?

The agreed figure (Financial Consent Order)takes into consideration EVERYTHING, including share of house.

millymollie

Yes they both have pension funds.. I can see expensive legal bills for both of them. I had no idea that when they divorced none of this was dealt with.

I have just spoken to my brother now and he is up the wall to put it mildly.
He said that the letter from the ex's solicitor says that 30k is for a "clean break" with no entitlement to claim on each others pensions and for her share of the house.

RAS

millymollie wrote: »

Yes they both have pension funds.. I can see expensive legal bills for both of them. I had no idea that when they divorced none of this was dealt with.

I have just spoken to my brother now and he is up the wall to put it mildly.
He said that the letter from the ex's solicitor says that 30k is for a "clean break" with no entitlement to claim on each others pensions and for her share of the house.

Read JackRS's thread to see how complicated this is.

I would suggest that your brother thinks carefully about assets on both sides before he sees a lawyer.

He may not want to upset a hornet's nest if he has a large pension fund.

Has he at least ensured his current partner is the beneficiary of any death in service pay-out?

nazjon

my partner is going through the same although no children involved and it has been 6 years since they split and divroced and 2 houses involved.

He has refused to give her anything and we have taken him to court. You dont neccessarily need to rack up expensive legal bills. We have self repped and he has paid 3k on solicitors so far who couldnt even complete a Form E correctly!

Check out Wikivorce which has been brilliant for us. You can call up and chat to a solicitor about it and its all free and there are all sorts of guides on the site. Do your research and will save you a fortune.

It looks like you will be going down same route as my partners ex and he is being stupidly stubborn which is racking up his solicitor fees. I am guessing you have recieved a letter from the court and you have to now complete a form E which is a finanical statement?

DS4215

millymollie wrote: »

Yes they both have pension funds.. I can see expensive legal bills for both of them. I had no idea that when they divorced none of this was dealt with.

I have just spoken to my brother now and he is up the wall to put it mildly.
He said that the letter from the ex's solicitor says that 30k is for a "clean break" with no entitlement to claim on each others pensions and for her share of the house.

What assets does she currently have? - he might have a claim on her house/car/remaining redundancy/pension, etc...

millymollie

RAS- His ex-wife has considerably more in her pension than my brother, so not sure what would happen there. Yes he has made his new wife the beneficiary for his death in service arrangements.

Nazjon- thanks for that. My brother just received a letter from his ex's solicitor asking for 30k in return for a clean break- ie her share of equity, plus an agreement that both sides cant claim off the other's pension.

millymollie

As far as I know she is renting. She has a car etc plus good pension provision, far more than what my brother has.

nazjon

It looks like they are hoping to avoid court. I would get your brother to call wikivorce tonight, they are open until 11pm..it will at least give him an idea and a bit of piece of mind! I would request for this to be dealt with in court aswell, although it a very lenghty process it would give your brother plenty of time to do homework and you can do a lot of it yourself and use a solcitor ad hoc if needed. As said above we have just gone past first hearing and he has already spent 3k and no offer has been made yet. The judge warned him that will double by the next hearing. You are expected to settle out of court and judge just acts as a referee and try to avoid you going to very expensive final hearing.

FBaby

So he is divorced and remarried. Surely it is too late for either of them to make a claim over pensions now?

In regards to the house, how did it come about that the situation would remain as is, ie. no sale or buying each other out? Surely a discussion must have taken place resulting in some sort of agreement?

In theory, she could try to go for half of the current equity, in reality, it is highly unlikely that would be granted if he has paid for the full mortgage since they separated (assuming half the current equity is higher than it was at the time of separation if he has remortgaged). It sounds like she is prepared to make a compromise over the house so it doesn't have to be sold. If that amounts to about half of the previous equity, than she is being totally fair and he might be better off agreeing without going to court.

However, he needs to consider whether he and new wife could come up with the £30K AND whether the bank will agree to them taking on the mortgage themselves so that they can transfer their names on the deeds.

If they are not able to get a mortgage of their own, then they will have no option but to sell.