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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

When to sign

6 replies

MigsandTiggs · 08/10/2022 11:29

In an uncontested divorce where marital property is being divided, what happens when two houses are owned and one party signs over the marital home as agreed but then the other party starts dragging feet in transferring ownership of other house?

Divorce has not yet been finalised though the division of marital assets has been submitted to the court as part of the process.

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inheritanceshiteagain · 08/10/2022 11:42

Do you have a mediation agreement in place? If so and it stipulates transfer of property etc, then this is the primary binding agreement, not the signing of the documents for transer.

MigsandTiggs · 08/10/2022 12:05

Thank you. It is my ds who is in this position but he is working abroad where communication is iffy and I don't know how to reassure him. I understand that the initial division of assets was sent back by the court as they weren't happy with the 75/25 split. No dc, both high earners and ds satisfied to hand over 75% in exchange for house abroad that is in negative equity.

I have POA for ds and so his solicitor phoned me when unable to contact him. I was worried as soon to be xw has now gone nc regarding access to joint foreign bank account and timescale for transfer of other house.

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millymollymoomoo · 08/10/2022 14:56

Off post but why on earth woujd he be happy to agree and sign of that split ??!

MigsandTiggs · 08/10/2022 18:46

millymollymoomoo · 08/10/2022 14:56

Off post but why on earth woujd he be happy to agree and sign of that split ??!

He wanted to pre-empt any nastiness/fighting and to just move on with his life so he suggested the split as he only wanted the house abroad.

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millymollymoomoo · 08/10/2022 22:49

but the house abroad is in negative equity …. So it’s not actually an asset

MigsandTiggs · 09/10/2022 10:45

millymollymoomoo · 08/10/2022 22:49

but the house abroad is in negative equity …. So it’s not actually an asset

You're right, I hadn't thought of it that way. Tbh I don't want to interfere and he has the means to remortgage on his own.

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