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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Divorce without selling the house- any ideas?

50 replies

Hugless · 28/01/2019 13:35

We've been separated for 5 years- she moved out. She had enough, I had enough, never mind, water under the bridge.
We have 2 kids just under 10.
I do look after kids, pay CM, etc.

Few years ago I paid her a sum of money to reduce her equity (to 25%) in the house we have bought jointly together after we got married. This agreement was "validated" by a local solicitor.

Bank hasn't got a problem with a mortgage being converted to sole.

My questions are;

  • Will mediator/ solicitor have to take into account the fact that she willingly reduced equity?
  • Which property value is taken into account when establishing finances- value at the time she moved out or current market value?

If anyone knows or perhaps could point me towards the answer would be brill- I searched here and there- probably in wrong places :/

Cheers.

OP posts:
Hugless · 28/01/2019 22:30

We all live in the UK. Until Brexit at least. Children are British.

OP posts:
prh47bridge · 28/01/2019 22:31

If you are both resident in the UK and your assets are in the UK you need to sort out your divorce and financial settlement in the UK courts under UK law.

Hugless · 28/01/2019 22:34

Even if we married outside the UK?

OP posts:
Japanesejazz · 28/01/2019 22:38

What bridge said. I can’t be arsed to give a proper reply for free.

Hugless · 28/01/2019 22:42

Well, both of you are wrong. If I file for divorce in the country we got married in and are from, it will be processed under the law of that country. You don't seem to know anything worth paying for. Ta

OP posts:
Jon65 · 28/01/2019 22:56

Op seems to have all the answers himself lol Hmm

Hugless · 28/01/2019 23:07

So far, no one has referenced anything, feel free to contribute.
Ok,except a reference to an old case... Yes, I roughly know how this system works here.

I don't expect free detailed advice, just few pointers based on our situation, ideally form ppl having similar experiences...

OP posts:
Collaborate · 28/01/2019 23:18

You've obviously never heard of.....

I have a new policy of not making any effort to devote my own time to correcting posters who are ungracious when asking for advice on this free to use message board. So I'll keep my thoughts to myself but you are mistaken.

prh47bridge · 28/01/2019 23:18

I'm sorry but you are wrong.

Contrary to what you think, the law that governs your divorce is not necessarily the law of the country where you file for divorce. And, if your ex applies to the UK courts for a financial settlement, it will be heard under UK law regardless of where you divorce. She can apply to the UK courts even if the courts elsewhere have ordered a financial settlement. If the UK courts consider the financial settlement to be inadequate they will make an order against you.

Before doing anything else you need to see a solicitor. Once they are in possession of all the facts they will be able to advise you of the likely outcome. You may find that you are worrying over nothing. No-one on this thread has given any indication of the likely outcome. We've merely explained how the law works.

Hugless · 28/01/2019 23:25

Ok, I'll repeat myself. Again. We have split up amicably. I have no interest in her estate abroad, I just want to move on. Why are you all assuming that she'll have interest in my negligible assets here??
Kids are kids, we both love them and have co parenting plant in force.

OP posts:
HeddaGarbled · 28/01/2019 23:37

It’s not OK that your children and ex live in a rental while you keep the house, is it? Try and rise above all your anger and bitterness and legal this and money that. Try and re-find the loving father who wants his children to have a secure and comfortable home and life.

Hugless · 28/01/2019 23:43

Why can't ppl just get along. I have a separate thread where you can express your feelings and tell me what a terrible person I am. Find it and let yourself go.

Yes, they are in a rented massive 2 bed maisonette. I'm in a small one bed mews house. What is your problem??????????????

OP posts:
prh47bridge · 28/01/2019 23:48

I am not assuming anything. I am explaining the law.

Hugless · 28/01/2019 23:52

This was to Hedda.
So, even though we don't hold each other ransom and have agreed pretty much everything apart this darn property, court in the UK can interfere with judgement of court in another EU country?

OP posts:
Atleastihavethecat · 29/01/2019 00:00

I'm not a lawyer but the way it was explained to me is that divorce can happen in the resident country or the country the marriage took place. Financial settlement would be governed by the laws of the resident country - where the family home, assets are.

Perhaps one of the extremely helpful actual solicitors who frequent this board, and offer genuine advice for free, could clarify that? But that was how I understood it when a solicitor explained it.

Hugless · 29/01/2019 00:07

Thanks. She doesn't want to skin me alive so I'm sure that one way or the other we will be able to get through this without me having to sell this tiny house. Kids like it and stay whenever they wish, I will not be able to buy another for quite some time if I sell this one...

OP posts:
Jon65 · 29/01/2019 01:19

Whether you like it or not, the answer will be the same. Collaborate summed it up well . . .

titchy · 29/01/2019 07:39

OP there are some family lawyers on MN who very kindly given their advice free on these boards. They have answered your questions. You may not like those answers, but they give you the legal parameters in which your divorce and settlement will be conducted.

titchy · 29/01/2019 07:44

It's worth pointing out that if a judge does in fact find your agreement equitable to both parties then there is no problem and you have nothing to worry about. So why are you...?

Hugless · 29/01/2019 08:10

Ok, understood.
I'll start with a meeting with the mediator, hopefully they will be able to shed some light on arrangements current and proposed moving forward.
Cheers.

OP posts:
TwoGinScentedTears · 29/01/2019 08:14

Your posting style is very aggressive. Knowledgeable people are replying to you with answers to
Your questions. A thank you would be the appropriate response.

TwoGinScentedTears · 29/01/2019 08:14

Ha! Cross post! Cheers'll have to do!

titchy · 29/01/2019 08:43

You need to start with a solicitor not a mediator!

Hugless · 29/01/2019 08:58

Thanks.

OP posts:
bastardkitty · 29/01/2019 17:40

But but but...

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