Break up I don't want

TBagpuss

sallysaver said:

Emmia said:

BrassicWoman said:

I'd say she gets the keys back when you reach a financial settlement, Until that point it is as much your property as hers, no? And she wants to pay you half the equity.

Once that is settled, and it is no longer yours, she is due the keys back. 

If the keys aren't handed over, she'll probably just change the locks* when he's moved out - so no real difference from handing the keys over...

*she may change the locks anyway

 I agree with BW's first statement but if she does change the locks, 1) she is doing herself no favours and 2) she's actually breaking the law.  Remember it's your house as well as hers.  Hard as it maybe and difficult, accept the situation (easier said than done) but you have as much right to be in that property as her, certainly at this stage.  

She wouldn't be breaking the law if she changes the locks. Strictly speaking, if she were to change the locks then she should provide a key for the new locks to OP if he requests one, but there is nothing illegal about changing them. And once he has moved out, his trying to get back in unless it is by agreement could result in his being accused of harassment.

OP, you are entitled to remain in the house until a settlement is reached and you have your share of the assets. If renting a flat would be more expensive then perhaps the two of you need to discuss how those additional costs will be split, until such time as you are able t o either sell the house, or one of you buys the other out. 

steveouk

Solicitor was very helpful. I am viewing a place to rent tomorrow. And looking for more. Hopefully I can agree an arrangement with her as to separation etc.  

tooldle

Good luck with your viewings.

steveouk

Applied for one of the flats I viewed. Just hoping the credit check goes through OK. 
Heading back to stay with my parents until the flat has a move in date. Hopefully 2 weeks time. 
Have said yo my wife if she is still wanting to split after the end of August  ie nearly 5 months apart then we should start divorce process with solicitors. 

MovingForwards

DIY the divorce, it's expensive enough without adding legal fees on top.
Head over to wikivorce as there's step by step guides.

steveouk

Really? Thing is if it gets that far she is not offering a fair settlement. My solicitor gave advice as to what I could claim. And on passing my wife mentioned if it gets to divorce what she will offer and it is not half 

MovingForwards

Yes, really. Do an internet search of average cost of UK divorce and the figure is nearly £14,500; that's about £13,500 into the solicitor firm account and the rest is the court fees (disbursements).

Again I'll say, head over to wikivorce as the more knowledge you have for free, the easier it will be to come to an agreement both of you are happy with.

RAS

Yes, DIY the divorce, bone up on your rights with wikidivorce and start by suggesting mediation re the financial settlement. After a full financial disclosure.

amanda_p

When my son divorced, they did the financial settlement first. He moved out and rented somewhere and still paid his half of the mortgage. It was pretty galling as he had three times as much saved as her, due to doing many locum shifts( he is a doctor) which she couldn't handle as he was always working. Her savings and his were lumped together and then split 50-50. She did very well out of that.

It was all done with solicitors and everything was taken into account, you cannot do it without legal support. He ended up buying her out and she bought her own property.

It was reasonably amenable with obviously some bumps along the way but one thing he found incredibly petty was they had accrued quite a large collection of wine over the years. When she moved out she took the lot and left him a cheap bottle of Aldi wine in the fridge!

anotheruser

Don't bother waiting.
it's only drawing out the inevitable.  Just start the divorce stuff now.