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Applying for ancillary relief

 
Nickpuna
(@nickpuna)
Eminent Member Registered

After being made homeless, from ex wife's  lying and cheating. Phoned the police on me of false domestic violence, just so she can get her boyfriend in. After three years of being homeless, only know I am in a financial position to go after my share of the family home. My question is my life for three years is bad . While she lives in three bedroom house with my son, who's 11 now. She got her divorce and is not negotiating on the family home. Someone said to me " you won't get anything, as you didn't pay mortgage for three years" mate I hade no place to live and I lost my job because of ex. I feel I can and should pursue my half of the house.  Three years of being homeless is no joke. Any thoughts?

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Topic starter Posted : 13/01/2022 11:43 am
Daddyup
(@Daddyup)
Prominent Member Registered

Hi

Sorry to hear what you are going through. I would say absolutely apply for a financial order. There are no guarantees that you will get your share as its on case by case. However the fact you haven't paid mortgage is usually irrelevant. All it will mean is that it could result in a little more of a share for her so the split isn't 50:50. There are so many aspects that are considered. Both parties are required to do a financial disclosure (Form E) and this will take into consideration all assets pensions/marital home/capital savings and anything else of value. As you have a child that lives there she may well argue that any share you are entitled to should be registered under a mersher order, however, your current needs are also take into consideration so if you need your share to house yourself then this is also a factor. Lastly, as she has claimed domestic violence (even falsely) then you (nor she) can be expected to own a property together, after all, joint property ownership requires ongoing communication. Eg if the house was not insured and someone was injured then you would both become liable as the property owners, which isn't a situation you want to find yourself in. Therefore it is not reasonable for the situation to remain as is. So regardless of whether in the end you get a share or not, you should resolve the property/financial matters so that you can move on with your own life too without any ties to your ex.

 

Just my thoughts.

 

All the best. 

ReplyQuote
Posted : 13/01/2022 10:21 pm
Nickpuna
(@nickpuna)
Eminent Member Registered

@Daddyup

I have tried to negotiate but to no avail, I want to finish it, whether I get anything or not. I do not have any savings, and nothing, in property. My solicitor reckons you will get something, especially as you are worst of then your ex. I'm bloody homeless for three years. Surely it's not right.

ReplyQuote
Topic starter Posted : 14/01/2022 10:30 am
Daddyup
(@Daddyup)
Prominent Member Registered

@nickpuna I'd agree with your solicitor.. You will probably get something, even if it's ur ex having to give you some money or alternatively a mersher order (charge on property) until child 18.

Im just about to start this process myself. Even in my situation (DV, ex lives in property with 2 children etc) my solicitor still believes I will get a share, although I may have to accept anywhere between 10% and 25%. If I get anything I'm happy as I haven't lived there for a while now and my ex pays the mortgage and over the past year the value has gone up more than expected. Therefore even if I get a small % of the marital assets, as the value of the house has gone up it still would make a difference to me. (I have been out of work and homeless, now have a job paying low wage and am lodging but it's still an improvement).. 

Apply for the Financial Order!

Good Luck. 

ReplyQuote
Posted : 14/01/2022 6:51 pm
Nickpuna
(@nickpuna)
Eminent Member Registered

@Daddyup absolutely brother, you have to get something, otherwise taxpayers pay. Its not like it used to be in the old days.

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Topic starter Posted : 14/01/2022 11:07 pm
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