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Likely court outcome

4 replies

Breadnroses · 21/01/2019 12:08

I am in the process of divorcing my STBXH. This has been dragging on for about three years now, largely due to him dragging his heels, not supplying finance evidence, taking weeks to arrange next solicitor appt etc.
So we are at the point of my applying for court proceedings. We have had a mediation session which our daughter was the main discussion, but he has not kept to the agreements made at that session, he is clearly not going to keep to any agreements re a settlement.

He remains in the marital home, which is owned outright.

The offer for me prior to mediation was that I will be entitled to a half share of the house when it is sold, which will be either if he has to go into resi care, or he dies.
He is 65, so either way these events are likely to be years away.

What worries me is the fact that his solicitor has advised him that the settlement offer is acceptable. I will obviously discuss with my solicitor, who is adamant the court will direct him to provide me with settlement in the near future.

He will need to take equity release and top this up from his savings as he won’t sell the house.

Just wondering if I am right to be concerned, or his solicitor giving him misleading advice? I’ve stated to him that we will pay £1000’s in court fees which is money our daughter could benefit from, but he doesn’t care about that.

OP posts:
Collaborate · 21/01/2019 13:34

No one can tell you that here. You should distrust anyone that thinks they can. It depends on so much that's missing - what is the house worth, what would it cost to house you, what you earn, what his income is, what each of you contributed at the start of the relationship. And those are just questions off the top of my head.

Don't answer them here, because answering them still won't give you advice you can rely on. Go and take some proper legal advice.

brownjumper · 21/01/2019 13:43

you dont want to wait 20 odd years for your share. that is ridiculous. Surely you are entitled to half the house and if he cannot afford to buy you out you need to sell it and split it.
Im presuming at his age you dont have a young child.

BubblesBuddy · 21/01/2019 19:23

Why would you believe his version over and above what your solicitor says? Go to court and test it and hopefully your solicitor will be correct!

MissedTheBoatAgain · 22/01/2019 02:34

I’ve stated to him that we will pay £1000’s in court fees

That's the only thing you can be sure of in a Divorce.

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