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What are the ages of your chlldren? Is your exhusband the father of the childdren?0
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The above is an important consideration, same as time you lived together in the property before you married.
As it stands, it's a bit of a grey area. Having young children together would go in your favour, but being married less than 5 years, especially if you didn't live together before, will go in his favour as the marriage will be considered a short one.
The fact that you agreed on a settlement during the divorce will go against you.
You need to consider what you want to achieve. You received approx. 1/6th of the equity in the house. At best you could maybe get another £20k but you then have to consider the cost of taking him to court, which could amount very quickly to the point that you end up with nothing. Is it worth it? You were happy to take the £10k then so why do you feel different now?0 -
My "clean break" divorce settlement stated what the full & final arrangement would be. In our case it stated that my ex would keep the house and I would keep my pension and receive £5k. It also said something along the lines of "both parties agree to this and will have no entitlement to any further settlement from this day forward" (I forget the exact wording but you get the gist).
What does your settlement say? Have you been decreed absolute?0 -
The £10k probably covers your share in the increase in equity over the time you were together, so personally I would leave it at that.
Most the equity will no doubt be from before he met you in the form of a deposit. As you have not had to pay any of the selling fees, then chances are the amount he has given you is more than you were entitled!Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
Thank you for replying..
He is the father of my youngest who is 9.
I lived in the property for 3years before we married.
Yes we have a decree absolute but we sorted the divorce ourselves without solicitors, so we do not have a !!!8216;clean break!!!8217; settlement.
But you!!!8217;re right, maybe I should be concentrating on why I want to do this. I feel my children are entitled to something, especially after the way he treats them.. thank you all for replying. I truly appreciate it.0 -
Children would rarely be entitled to any anything out of a house sale, irrespective of whether their parents were together or separated.I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and 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.0
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How much are his pensions worth?
How much are your pensions worth?
Property split agreements tend to be based on when cohabitation commenced (not marriage).
I think you're both nuts for not having sorted this out properly. This isn't about the kids. They're getting maintenance. It's about what a fair split is between you.0 -
Im confused, you seem to be just after the cash purely on the basis he will have some?The_Kids_Mum wrote: »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
If you were happy for him to keep it, why is this now an issue?
So he voluntarily pays maintenance, that a good thing
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The children are not entitled to anything.
You may be entitled to a claim on the house and other assets but no-one can tell you that without looking at the finances.
As you are already divorced you can't now register matrimonial home rights but may be able to register a unilateral notice against the property to prevent it being sold until finances have been sorted out.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
The above is an important consideration, same as time you lived together in the property before you married.
As it stands, it's a bit of a grey area. Having young children together would go in your favour, but being married less than 5 years, especially if you didn't live together before, will go in his favour as the marriage will be considered a short one.
The fact that you agreed on a settlement during the divorce will go against you.
You need to consider what you want to achieve. You received approx. 1/6th of the equity in the house. At best you could maybe get another £20k but you then have to consider the cost of taking him to court, which could amount very quickly to the point that you end up with nothing. Is it worth it? You were happy to take the £10k then so why do you feel different now?
He wants to move on with another woman.0
This discussion has been closed.
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