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  • FIRST POST
    • The Kids Mum
    • By The Kids Mum 14th Feb 18, 10:09 PM
    • 7Posts
    • 1Thanks
    The Kids Mum
    blank
    • #1
    • 14th Feb 18, 10:09 PM
    blank 14th Feb 18 at 10:09 PM
    blank blank
    Last edited by The Kids Mum; 17-02-2018 at 10:36 PM.
Page 1
    • silvercar
    • By silvercar 14th Feb 18, 10:40 PM
    • 37,092 Posts
    • 156,248 Thanks
    silvercar
    • #2
    • 14th Feb 18, 10:40 PM
    • #2
    • 14th Feb 18, 10:40 PM
    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.
    • The Kids Mum
    • By The Kids Mum 14th Feb 18, 11:19 PM
    • 7 Posts
    • 1 Thanks
    The Kids Mum
    • #3
    • 14th Feb 18, 11:19 PM
    • #3
    • 14th Feb 18, 11:19 PM
    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
    • By chesky 14th Feb 18, 11:28 PM
    • 976 Posts
    • 1,562 Thanks
    chesky
    • #4
    • 14th Feb 18, 11:28 PM
    • #4
    • 14th Feb 18, 11:28 PM
    You need a solicitor.
    • The Kids Mum
    • By The Kids Mum 14th Feb 18, 11:30 PM
    • 7 Posts
    • 1 Thanks
    The Kids Mum
    • #5
    • 14th Feb 18, 11:30 PM
    • #5
    • 14th Feb 18, 11:30 PM
    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
    • By Tom99 14th Feb 18, 11:38 PM
    • 1,929 Posts
    • 1,274 Thanks
    Tom99
    • #6
    • 14th Feb 18, 11:38 PM
    • #6
    • 14th Feb 18, 11:38 PM
    Now seems a good time to apply to the Court for a financial consent order.

    How long were you married and what are your financial circumstances now, have you bought another house?

    If you had no other capital of your own then 10k sounds more like an interim sum to get you settled elsewhere.

    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.

    Why is the house only in his name, did he own it before you met?
    • The Kids Mum
    • By The Kids Mum 14th Feb 18, 11:42 PM
    • 7 Posts
    • 1 Thanks
    The Kids Mum
    • #7
    • 14th Feb 18, 11:42 PM
    • #7
    • 14th Feb 18, 11:42 PM
    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.
    • mattpaint
    • By mattpaint 14th Feb 18, 11:48 PM
    • 99 Posts
    • 150 Thanks
    mattpaint
    • #8
    • 14th Feb 18, 11:48 PM
    • #8
    • 14th Feb 18, 11:48 PM
    Did you ever pay towards the house? How long did he have it before he met you?
    • The Kids Mum
    • By The Kids Mum 14th Feb 18, 11:52 PM
    • 7 Posts
    • 1 Thanks
    The Kids Mum
    • #9
    • 14th Feb 18, 11:52 PM
    • #9
    • 14th Feb 18, 11:52 PM
    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
    • By Tom99 15th Feb 18, 12:04 AM
    • 1,929 Posts
    • 1,274 Thanks
    Tom99
    Do you know how much equity he now has in the house and any idea of his other assets, savings, shares and pensions etc?
    • The Kids Mum
    • By The Kids Mum 15th Feb 18, 12:07 AM
    • 7 Posts
    • 1 Thanks
    The Kids Mum
    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.
    • thorsoak
    • By thorsoak 15th Feb 18, 6:27 AM
    • 5,620 Posts
    • 25,622 Thanks
    thorsoak
    What are the ages of your chlldren? Is your exhusband the father of the childdren?
    • FBaby
    • By FBaby 15th Feb 18, 7:41 AM
    • 16,600 Posts
    • 41,121 Thanks
    FBaby
    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?
    • bertiewhite
    • By bertiewhite 15th Feb 18, 8:07 AM
    • 1,016 Posts
    • 1,088 Thanks
    bertiewhite
    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?
    • pinkshoes
    • By pinkshoes 15th Feb 18, 8:36 AM
    • 15,664 Posts
    • 21,485 Thanks
    pinkshoes
    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!)
    • The Kids Mum
    • By The Kids Mum 15th Feb 18, 8:37 AM
    • 7 Posts
    • 1 Thanks
    The Kids Mum
    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.
    • silvercar
    • By silvercar 15th Feb 18, 9:06 AM
    • 37,092 Posts
    • 156,248 Thanks
    silvercar
    Children would rarely be entitled to any anything out of a house sale, irrespective of whether their parents were together or separated.
    • PeacefulWaters
    • By PeacefulWaters 15th Feb 18, 9:27 AM
    • 8,207 Posts
    • 10,449 Thanks
    PeacefulWaters
    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.
    • Comms69
    • By Comms69 15th Feb 18, 10:18 AM
    • 2,970 Posts
    • 2,935 Thanks
    Comms69
    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
    Originally posted by The Kids Mum
    Im confused, you seem to be just after the cash purely on the basis he will have some?


    If you were happy for him to keep it, why is this now an issue?


    So he voluntarily pays maintenance, that a good thing
    • TBagpuss
    • By TBagpuss 15th Feb 18, 11:24 AM
    • 6,433 Posts
    • 8,321 Thanks
    TBagpuss
    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.
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