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The_Kids_Mum
The_Kids_Mum Posts: 9 Forumite
edited 17 February 2018 at 11:36PM in Marriage, relationships & families
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  • silvercar
    silvercar Posts: 49,474 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Did you agree to give up any claim on the house in return for the £10k?

    This should have been settled as part of the divorce.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Hi, thank you for your reply. We did the divorce ourselves, without the use of a solicitor so money wasn!!!8217;t really discussed, only the £10k. He was going to keep the house so it was never an issue. However, like I say, now he!!!8217;s selling it and I wondered if me or the children were entitled to anything. I never took anything from the house when I left, only my car, laptop and mine and the kids clothes. Everything else I!!!8217;ve bought again. He does pay maintenance every month, but that!!!8217;s not through the CSA as such, instead just using the CSA calculator online
  • chesky
    chesky Posts: 1,341 Forumite
    Eighth Anniversary 1,000 Posts
    You need a solicitor.
  • Yeah, I!!!8217;m trying to get an appointment but the house is on the market and I know he!!!8217;s had an offer (which he!!!8217;s rejected). I was just hoping someone here might be able to shed some light before I get to see a solicitor. Thank you though
  • Tom99
    Tom99 Posts: 5,371 Forumite
    1,000 Posts Second Anniversary
    [FONT=Verdana, sans-serif]Now seems a good time to apply to the Court for a financial consent order.

    [/FONT] [FONT=Verdana, sans-serif]How long were you married and what are your financial circumstances now, have you bought another house?

    [/FONT] [FONT=Verdana, sans-serif]If you had no other capital of your own then £10k sounds more like an interim sum to get you settled elsewhere.

    [/FONT] [FONT=Verdana, sans-serif]However if you already have assets of your own broadly equal to you ex's you may have a harder job arguing for a share of the equity in the house he is selling.

    [/FONT] [FONT=Verdana, sans-serif]Why is the house only in his name, did he own it before you met?[/FONT]
  • Ok, we were married for 4years before we separated, but 7years before we divorced. And no, I!!!8217;ve not bought a house, I live in a rented cottage. I get housing benefit and child and working tax credits.
    When I left, I had no assets, only my car. I currently have around £2k in savings, but nothing else.
    And yes, he owned the house before we met and so I was never put onto the mortgage.
  • Did you ever pay towards the house? How long did he have it before he met you?
  • He paid the mortgage and main bills, I paid for food, childcare etc. I think he had the house for around 3years before we met, 5years before we married. He!!!8217;d bought it with an ex-girlfriend and he paid her off when they split (in fact he took a loan to repay the ex-girlfriend and I paid some of the monthly payments on the loan in the end!)
  • Tom99
    Tom99 Posts: 5,371 Forumite
    1,000 Posts Second Anniversary
    Do you know how much equity he now has in the house and any idea of his other assets, savings, shares and pensions etc?
  • He said he would probably walk away with £65k (roughly). He has no savings or shares that I am aware of but he has been paying into a pension for a while. I have no idea what that would be worth though.
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