PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Sole owner of house and divorce

Options
I_am_mum
I_am_mum Posts: 18 Forumite
First Anniversary
edited 12 September 2019 at 8:00AM in House buying, renting & selling
Hello everyone
I’m hoping someone can help
MORTGAGE COUNTDOWN

January 2018 £79,000
January 2019 £70,000
September 2019 £53,334
November 2019 £48,000
February 2021 £18,500

Comments

  • HampshireH
    HampshireH Posts: 4,480 Forumite
    First Anniversary Name Dropper First Post
    Options
    Whats the reason the solicitor is delaying drawing up the financial agreement?

    Surely the longer it is left (bearing in mind its already been 6 years) the more chance your concerns could become valid
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    First Anniversary Name Dropper First Post
    Options
    Whether the house is in your sole name or not, it is part of the marital assets. The financial order will deal with distribution of them.

    I presume his new partner's child is not his child? Whereas you have custody of your two children...?
  • I_am_mum
    I_am_mum Posts: 18 Forumite
    First Anniversary
    Options
    HampshireH wrote: »
    Whats the reason the solicitor is delaying drawing up the financial agreement?

    Surely the longer it is left (bearing in mind its already been 6 years) the more chance your concerns could become valid

    Because a decree nisei hasn’t been issued yet
    And we have only just started divorce proceedings
    MORTGAGE COUNTDOWN

    January 2018 £79,000
    January 2019 £70,000
    September 2019 £53,334
    November 2019 £48,000
    February 2021 £18,500
  • I_am_mum
    I_am_mum Posts: 18 Forumite
    First Anniversary
    Options
    AdrianC wrote: »
    Whether the house is in your sole name or not, it is part of the marital assets. The financial order will deal with distribution of them.

    I presume his new partner's child is not his child? Whereas you have custody of your two children...?

    The other woman’s child is not his
    We have 2 children
    He doesn’t want the house or for it to be sold as part of the divorce, so there shouldn’t be a distribution, I’m not sure what it’s called, a clean break or something
    MORTGAGE COUNTDOWN

    January 2018 £79,000
    January 2019 £70,000
    September 2019 £53,334
    November 2019 £48,000
    February 2021 £18,500
  • I_am_mum
    I_am_mum Posts: 18 Forumite
    First Anniversary
    edited 20 January 2019 at 1:42PM
    Options
    Sorry it might be a consent order, because we have come to an agreement between ourselves ,and a clean break order after

    He’s already sent a letter to the court saying he doesn’t want custody of our kids !
    MORTGAGE COUNTDOWN

    January 2018 £79,000
    January 2019 £70,000
    September 2019 £53,334
    November 2019 £48,000
    February 2021 £18,500
  • Tom99
    Tom99 Posts: 5,371 Forumite
    First Post First Anniversary
    Options
    Press on as quickly as you can and hope he keeps his word, no point worrying about something which may or may not happen and that you cannot do anything about.
    What about his pension, has that been mentioned at all? If he has a company pension it could easily be worth as much as your house, maybe that's why he is happy to let you have the house?
    The value of any pension he has will have to be declared on the forms your solicitor prepares for a clean break.
  • I_am_mum
    I_am_mum Posts: 18 Forumite
    First Anniversary
    Options
    Tom99 wrote: »
    Press on as quickly as you can and hope he keeps his word, no point worrying about something which may or may not happen and that you cannot do anything about.
    What about his pension, has that been mentioned at all? If he has a company pension it could easily be worth as much as your house, maybe that's why he is happy to let you have the house?
    The value of any pension he has will have to be declared on the forms your solicitor prepares for a clean break.

    I dont know if he has a pension. My solicitor said he doesn’t have to declare it, and we can’t make him.

    Can I ask why you are saying press on as quickly as I can.
    MORTGAGE COUNTDOWN

    January 2018 £79,000
    January 2019 £70,000
    September 2019 £53,334
    November 2019 £48,000
    February 2021 £18,500
  • xylophone
    xylophone Posts: 44,412 Forumite
    Name Dropper First Anniversary First Post
    Options
    My solicitor said he doesn’t have to declare it, and we can’t make him.
    https://www.pensionwise.gov.uk/en/divorce

    http://www.terry.co.uk/Pensions_in_divorce_01.html
  • I_am_mum
    I_am_mum Posts: 18 Forumite
    First Anniversary
    Options
    I don’t think he has one. But he’s made it clear he has no interest in the house or money from me once again and that I needn’t worry.
    MORTGAGE COUNTDOWN

    January 2018 £79,000
    January 2019 £70,000
    September 2019 £53,334
    November 2019 £48,000
    February 2021 £18,500
  • Tom99
    Tom99 Posts: 5,371 Forumite
    First Post First Anniversary
    Options
    I_am_mum wrote: »
    I dont know if he has a pension. My solicitor said he doesn’t have to declare it, and we can’t make him.
    Can I ask why you are saying press on as quickly as I can.
    Of course he has to declare it. Its an asset in the 'pot' just like your house.
    Even if you put forward an agreed financial settlement the Judge will look at what you are proposing and can ask questions about assets if all in nor clear, particularly pensions.
    Why would you not press on, there is nothing to be gained by you delaying matters.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards