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Nickpuna
(@nickpuna)
Eminent Member Registered

Hi Everyone 

Just need some advice about 3 years ago my was having an affair. Soon after she made allegations of abuse kicked me out of our family home and denied me to see my son. Anyway I was homeless for about a year lost my job due to me living far away. I've managed to work now as a bus driver steady income. To cut a long story short, my ex wanted the divorce I agreed as long as the financial side is settled. Unfortunately she got the divorce but didn't settle the financial side. I have offered her to keep the house until our son is 18 or 21 and I want to make regular contributions for our son. She doesn't reply she thinks the courts will give her the home and I won't get anything. My quality of life has gone down drastically, living in rooms paying £650 a month while she's living in a three bedroom home. Anyway a lot of guys have said you won't get anything as it's been too long. My solicitor says "50% of the home is yours and that your quality of life has gone down plus you have tried to negotiate but she doesn't respond, you should get something" what do you guys think, should I pursue my ex there's £75,000 equity in the home I put down £22,000 deposit and paid three years mortgage. My solicitor is adamant that we stick with 50/50 split.

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Topic starter Posted : 01/11/2021 10:56 am
Bill337
(@bill337)
Famed Member

Hi,

If I was in your position, I would follow the solicitors advice and pursue equity of the house. You mention your living standards have gone down, so taking this route should benefit you. Are you seeing your child at the moment?

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Posted : 01/11/2021 11:10 am
Nickpuna
(@nickpuna)
Eminent Member Registered

@bill337 not she won't let me 

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Topic starter Posted : 01/11/2021 5:31 pm
Nickpuna
(@nickpuna)
Eminent Member Registered

@bill337 not she won't let me 

ReplyQuote
Topic starter Posted : 01/11/2021 5:31 pm
Bill337
(@bill337)
Famed Member

Ok, you don't have to wait for finance/house issue to be sorted first. You could apply to court for a child arrangements order. You could ask your solicitor about that, or apply yourself if you want to save money.

ReplyQuote
Posted : 01/11/2021 6:01 pm
Daddyup
(@Daddyup)
Prominent Member Registered

Hi

You defo need to pursue this by applying for a financial order. The starting point is 50:50 but the division of assets is based on each parties needs but children are given priority. 

If you look for a clean break now then as your ex has the kids then potentially she will get a higher %, however, this can only happen if she can afford to buy you out or you guys would need to sell the property.. You can't be forced to own the property jointly especially with allegations of abuse as it would leave open the risk of financial abuse (judge unlikely to approve). However, you could voluntarily agree to allow her to live in the house until kids are 18/21 as long as she agrees to a higher % split as close to 50:50 as possible.. Although in the meantime it may mean you are liable for mortgage and associated property costs.

There is no timescales/deadlines to pursue things, however as things are based on each parties needs, there is the possibility that as time goes on your situation improves and your exes gets worse which changes the potential % split.

Therefore it's best to pursue now and get matters resolved.

 

Hope this helps, all the best. 

ReplyQuote
Posted : 01/11/2021 8:51 pm
NX1977
(@nx1977)
Active Member Registered

Interested to know how the divorce was granted without a ln FO.  I thought this was a requirement before the divorce could be finalised where there are assets?

 

Certainly that's what I was told 

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Posted : 31/03/2022 7:59 pm
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