Property in divorce settlement 2004 (I think)

Got2change

See what happens when BR gets postponed and I've lost my motivation.

The one part of the BR forms that has freaked me out and I've tried to just sidle past, has been the question(s) re. divorce and property having been sold in the last 5 years.

Partly I simply cannot bear to dredge it all up - I filed the papers away when it all ended and have tried never to think about it since - and partly, I was not very clever with the settlement that I got but never thought that it would come back to bite me on the a**.

Bit of a saga follow.......

To be totally honest, I cannot remember the actual year that the divorce itself went though; there had been a bit of waiting as I couldn't afford to divorce the cheating !!!!!! love of my life and he I think had to wait for his new girlfriend to get rid of her poor fool of a husband (X's golf buddy)...... ANYway, it seemed to take forever and in that time, he fooled me into letting him live in our house that I had previously hung onto through thick and thin (him coming and going, me single parent, benefits, blah blah) and he then convinced our daughter that living with him would be better than with moody, anorexic mother. Ho hum.
SOOOO - when a couple of years later, ancillary matters are brought before a judge because we could NOT agree (I wonder why? His involving the CSA the minute he got wind of the fact I was working didn't help matters. And no, he was not on benefits, doing very nicely thank you in a job that I found for him.), the net outcome was -
Our house was undervalued by him/estate agent; I was not allowed to get a valuation done (only a drive-by - wish it had been a shooting) - and then 'sold' to his Mother - who then sold her own house, made loads, gave him some dosh and off he went to live with girlfriend and her daughters, leaving ours behind with Granny (who told me to stay away) who had already had a heart attack.
I was shafted to the tune of at least £10,000 - took on a Solicitor who said that I had a case against my Divorce Solicitor and after a year said No you haven't/they won't pay/here's my bill. (That bill is now getting included in the BR and is one of the things that bailiff #1 is after.)
Sick as it may sound and I probably don't actually mean it but it would be quite nice karma if, after "all this time" (less than 3 years) there was some way in which I could get a fairer deal out of the whole horrid mess. No, I wouldn't like to them to know I was going BR but X and his mother had a huge part to play in it and I know it's looking back and that's v unlhealthy but it would be one of those occasions where revenge is very nice served cold thank you very much.
See - this is what's happened because my BR has been postponed. I was told so many times (before it was actually approprite actually) to
Move On :mad: and I did - kicking and screaming and being dragged by the hair, I put it as much behind me as I could..... Now it's all coming back.
Oh I do hope that Judge had a good round of golf.
Apologies for second rant of the day.


(I hate golf)

Richard_S

Hi Got2change,

There's not much you can do about the past now, and trying to work out what may or may not happen when you declare bankruptcy, is a guessing game that you'll never win.

Try to focus on maximising your enjoyment of the future, by taking appropriate action now. There's always a lot of uncertainty and second thoughts with anything as important as bankruptcy, and it can become demotivating if you lose focus.

I hope you can soon be inspired to do what you probably realise is the ineveitable, and get those forms completed and a Court date set.

Regards

Richard

Got2change

Thanks Richard - I totally agree about the past - believe me it has all been put behind me but for -
1) The question is asked on the BR forms about property sale/transfers etc in the the 5 years - which it was
2) It came to mind from someone else's question that I had the time to read because I was here at home when I should have been at Court but the BR hearing has been postponed due to no judge (see other thread).

I only "told the story" anecdotally and it made me (if no-one else) laugh to read it back - but I did also wonder if there may be some reason that what happened with the FMH might be in question and I could actually have a little redress against people who literally f****d up my life. And someone cleverer than me might know..........

As I said - I have moved on. Not to a great place but there you go.
Forms are completed, hearing booked, bailiffs headed off at the pass and me - silly person that I am - swiftly learning that long, (meant to be) light-hearted posts like these actually make me look a bit stupid. No More. Got2change signing off.

(Richard - do I know you....?)

Richard_S

Got2change wrote: »

Thanks Richard - I totally agree about the past - believe me it has all been put behind me but for -
1) The question is asked on the BR forms about property sale/transfers etc in the the 5 years - which it wasIf property has changed hands at less than market value in the five years prior to a bankruptcy, then the O.R can overturn the transaction under some circumstances. It's complicated in as much as it depends when the bankrupt became insolvent. If the bankrupt was solvent within 2 to 5 years of the B.O the transaction can't be overturned, but if it was within two years of the B.O, then it can be overturned regardless of whether the bankrupt was solvent.
2) It came to mind from someone else's question that I had the time to read because I was here at home when I should have been at Court but the BR hearing has been postponed due to no judge (see other thread). My apologies, I hadn't read that.;)

I only "told the story" anecdotally and it made me (if no-one else) laugh to read it back - but I did also wonder if there may be some reason that what happened with the FMH might be in question and I could actually have a little redress against people who literally f****d up my life.That would certainly be enough to make me smile.:D And someone cleverer than me might know..........It's a complicated area, and I don't have the expertise or experience to factor a divorce settlement into bankruptcy proceedings.

As I said - I have moved on. Not to a great place but there you go.
Forms are completed, hearing booked, bailiffs headed off at the pass and me - silly person that I am - swiftly learning that long, (meant to be) light-hearted posts like these actually make me look a bit stupid. I enjoyed the humour in your post; does that make me look a bit stupid?:p No More. Got2change signing off.

(Richard - do I know you...It's more than likely;:D if you think you might then chances are you do; would that be embarrassing for you, me or both of us?:o .?)[/quote]

Hi Got2change,

All the best for the Court hearing if I have to take another leave of absence due to work getting in the way.:mad:

It's almost the weekend.:beer: :T

Richard

Got2change

Well actually I don't know any Richards IRL so I probably don't and you probably don't have a clue who I am - it just seemed that you possibly recognised my style - i.e. self-indulgent, whinging, harking back to the past, me-me-me etc etc - and were maybe giving me the reality check I would deserve if I didn't in my own defence say that I know my faults and what you see is not what you get.

I wish the weekend made a difference. SSDD for me I'm afraid.
x

'Scuse the self-pity - if the BR had gone ahead today, it would have been the best thing that happened today. (I lurrrve "my family")
Oh apart from getting attacked by a lunatic cockerel.

Richard_S

Got2change wrote: »

Well actually I don't know any Richards IRL so I probably don't and you probably don't have a clue who I am - it just seemed that you possibly recognised my style - i.e. self-indulgent, whinging, harking back to the past, me-me-me etc etc - and were maybe giving me the reality check I would deserve if I didn't in my own defence say that I know my faults and what you see is not what you get.

I wish the weekend made a difference. SSDD for me I'm afraid.
x

'Scuse the self-pity - if the BR had gone ahead today, it would have been the best thing that happened today. (I lurrrve "my family")
Oh apart from getting attacked by a lunatic cockerel.

Hi G2c,

Your style does seem very familiar, especially the acronyms, but I haven't made the connection yet; I might not even be Richard_S IRL.;)

Richard:beer:

Got2change

Thanks again for your input Richard - which I have just re-read.
TBH I would prefer not to mention the settlement - which was share of equity. But for the reason I said, which is I can hardly bear to think about that period in time. For the records though - and largely from memory (I WILL NOT go out to the shed for the files), the figures involved were:

House valued - my EA/drive by - £110,000
X's EA valuation £90-95,000

My £25,000 settlement was arrived at by taking o/s mortgage - about £40,000 including arrears that he'd run up - off the lowest valuation which is apparently what X MIL paid for it - and halving equity. I have no idea if she did actually purchase it but she did sell her own (owned outright and worth about £150,000) and is still living there. My daughter was there too until last year.

This happened in May 2005; I then had a job but no savings, was in debt (more than now) and had been skint for so long that I went a little bit mad; it had taken so long to get and was so hard "won" that I took what they gave me and only objected later and brought a case against the Solicitor (yawn). There was no way I could have got a mortgage then even with that deposit (property prices, bad credit rating, £17K salary, house I rent being valued at about £150,000 yada yada.....) so I had a couple of holidays, cosmetic surgery (EYES, not ----), paid some debts and !!!!!!! gone. Clever me.

Look - I've gone on again.

I wouldn't want to open the can of worms but I would really like it if some official person went to my X (and his mother) and said - Now Be Fair. Even if it was to pay my creditors (total £10,000 and I didn't even spend it on CCs). Like I said - Karma.

Got2change

Richard_S wrote: »

Hi G2c,

Your style does seem very familiar, especially the acronyms, but I haven't made the connection yet; I might not even be Richard_S IRL.;)

Richard:beer:

*Scratching head*

I have picked up some of the acronyms from this forum and Digital Spy (my only other) but I do have a bit of an annoying tendency to make up my own...

Richard_S

Hi G2c,

For absolutely certain, if you do mention it during your interview with the O.R, they will investigate what happened, and if they feel that you didn't receive what you should have done, then they do have the power to demand, and then realise whatever they deem to be the correct figure; karma, interesting concept.

I would have assumed that the cosmetic surgery was eyes.:D

Richard

I think I may just have a quick beer while waiting for my O.H to finish work.:beer:

Got2change

Richard_S wrote: »

Hi G2c,

For absolutely certain, if you do mention it during your interview with the O.R, they will investigate what happened, and if they feel that you didn't receive what you should have done, then they do have the power to demand, and then realise whatever they deem to be the correct figure; karma, interesting concept.

:beer:

Oooh - I am liking the sound of that. May be worth a little trip out to the shed for accurate figures.

The only reason I stressed the surgery was eyes was cos everyone always assumes that its the chest area - it is SOOO funny when you tell people in the flesh as you see their eyes drop down and then lookED puzzled at the poor result. Since becoming a "Lady of Leisure" no cosmetic surgery needed thank you v much as am now officially FAT - IMO that is.

Thanks again. Me - I'm off to do battle with the cockerel once more.
Enjoy your beer.

Richard_S

Got2change wrote: »

Oooh - I am liking the sound of that. May be worth a little trip out to the shed for accurate figures.

The only reason I stressed the surgery was eyes was cos everyone Ah yes, I can imagine, but I'm not everyone.:D always assumes that its the chest area - it is SOOO funny when you tell people in the flesh as you see their eyes drop down and then lookED puzzled at the poor result. Since becoming a "Lady of Leisure" no cosmetic surgery needed thank you v much as am now officially FAT Fit And Trim - IMO that is.

Thanks again. Me - I'm off to do battle with the cockerel once more.
Enjoy your beer.

Thanks G2c,

I only had one, and it "never touched the sides".:D Good luck with the cockerel.:eek: :eek: