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Having equity from marital house

(8 Posts)
pinkkoala Fri 06-Apr-18 20:26:23

My nisci is through on 24th april, i have left marital home a year ago with our daughter. My ex husbands behaviour was awful, since i left he has been arrested, had police warning.
He refused to move out so i left and went ti rented. We have both got new partners and his has been staying in the marital home. I have asked him to buy me out, he says he is unable to. I just want my share of equity and he can do what he likes with the house, he pays no csa and yes i have been to child maintenance options. He is still trying to control by threatening to not have dd while i work my 2 night shifts.
How do i go about trying to get my share of the money from the house, my solicitor has already charged me 1200 just for the divorce, he didnt have one so again all financial cost was mine.

OP’s posts: |
MrsBertBibby Fri 06-Apr-18 21:05:50

You issue form A, court fee £255.

www.gov.uk/government/publications/form-a-notice-of-intention-to-proceed-with-an-application-for-a-financial-order

This is a reasonable summary of what happens next.

www.familycourtinfo.org.uk/i-need/how-court-works/flowchart-for-financial-remedy-cases/

Minime85 Fri 06-Apr-18 22:33:53

You have to mediate before you go to court. Don’t apply for absolute until finances are sorted

thisishard2 Fri 06-Apr-18 22:52:56

You might not have to mediate if your ex's behaviour doesn't warrant it. My stbx was dissipating assets so the court waived mediation. Six months later we have settled. (Though the order has not yet been implemented - in fact it is an agreement and not even an order yet as stbx had not returned divorce paperwork and we don't have the nisi. So it all remains to be seen as I don't trust him.)

If your ex is unable to buy you out OP, he will have to sell. He doesn't get to just sit there, with his new partner angry.

pinkkoala Sat 07-Apr-18 01:39:25

Thankyou for the replys, do i need to do mediation if applying to court direct, and what if i am unsure on how to complete form a. I don't want any little silly mistake to cost me in the long run.
My ex is a selfish controlling man that i can not wait to be free of.
I have posted on a different thread before about him not signing divorve papers.
As i moved out a year ago would i be in my rights to notify mortage provider that i am no longer at the address.
All he can see right now is him and how loved up he is with new partner, they have even asked me to swap my shifts so them pair can go out.
He also got arrested in january for harrassment towards me.
I just want my money from the house as i want to be free from him and why should he have new partner in my house and not make any attempt to buy me out.
Also he has debt of about 25k, will i have to contribute to that out of my share of equity.

OP’s posts: |
RainyApril Sat 07-Apr-18 05:32:05

Don't apply for the absolute until the financial stuff is sorted.

All assets and debts acquired during the marriage will be carved up.

He is happy with the status quo for obvious reasons and will be in no rush to buy you out or sell the home.

You really need to see a solicitor about this; it will be money well spent in the long run.

It is possible to divorce without one but that is usually where it is an amicable or financially easy split .

If he doesn't have a solicitor he is a fool. You should encourage him to get one because she will give him good advice that will make the process easier for you.

You could tell your mortgage provider that you no longer live there but I don't think they'd care, you're still responsible for the mortgage.

Minime85 Sat 07-Apr-18 07:23:51

OP if you are on the mortgage and land registry my understanding is he has to let you in.

Also re mediation if he was arrested and you have proof of that then you might be able to waver mediation but you fill that in on the court application document. Alternatively contact a mediation company to ask their advise on how to do it. You both have to pay for mediation. If e resfuses to do it then they will fill in a form for you to say that and then you can go to court.

He sounds like an arse.

MrsBertBibby Sat 07-Apr-18 08:05:48

Nobody "has" to attend mediation. Mediation cannot be compulsory. What you may have to do is attend a MIAM, (Mediation Information and Assessment meeting) . If after MIAM you tell the mediator "no thanjs" they will sign off the form. If you read the form A it tells you what circumstances enable you to proceed without MIAM. If he has a conviction or caution for an offence against you, that is one of those circumstances.

The form isn't so hard. Tick all the boxes for financial orders except maintenance pending suit, answer the questions correctly, and when the Court send it back sealed, send a copy to the lender (that is essential) .

His debt might be taken into account if It's matrimonial debt. Or it might not.

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