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Original poster

divorce and property.

38 replies

hallmark · 05/05/2008 11:15

i wonder if anyone can help. it is bank holiday and i am getting increasing flustrated.
i have two young children with my ex husband. we have been seperated for a little over a year and divorced since january. we never had any legal advice regarding the divorce, it was always assmed that he would keep his pension and i would get the house. however now he wants his name off the mortgage and he says i cannot get a mortgage of my own as i only work part time.
i was wondering in legal terms what he has to provide for us with regards to a roof over our heads.
he dropped this bomb shell on me suddenly on saturday , so i will seek out legal advice this week.
until then has anyone had experience with this that may help?
thanks

OP posts:
avenanap · 05/05/2008 11:18

Have you got anything in writing from him regarding the division of assets?

LIZS · 05/05/2008 11:19

I'm surprised the court allowed it to got through without proof of any financial settlement in place especially with children involved. Did you use mediation or have anything in writing ?

Freckle · 05/05/2008 11:20

Did you not have solicitors acting for you when you divorced? I don't see how anyone can get divorced without all financial matters being resolved at that time. If your decree absolute has already been applied for and granted, you may be snookered in some respects as your rights to claim against your ex-h end with the DA.

What was agreed regarding the children and property at the time of the divorce?

Original poster
hallmark · 05/05/2008 11:21

sadly no i have nothing in writing, i was relying on his good will and that has gone now! i know i have been very stupid!

OP posts:
Freckle · 05/05/2008 11:27

Did you do the divorce yourselves? Even if you did, it is highly unlikely that the court would grant a DA without evidence that the finances had been sorted, especially when there are children involved.

When you say you are divorced, do you have your decree nisi or decree absolute?

Original poster
hallmark · 05/05/2008 11:34

absolute, and yes we did the divorce ourselves.
looking at the papers he submitted, he agreed to pay me 400 a month but now only gives me 250! and is threatening 2 stop this.
there is no mention of the house

OP posts:
Freckle · 05/05/2008 11:39

Then I suggest you go and see a solicitor straight away. I'm amazed that the court would have granted the DA in these circumstances. Just shows that, choosing to save money by not using solicitors, can end up costing you far more in the long term.

Freckle · 05/05/2008 11:40

Can I ask on what grounds you applied for the divorce? If you've only been separated for 1 year, you can't have gone for 2 years' separation with consent and any other ground would imply that there is some antagonism in the divorce, so relying on his goodwill was perhaps a little optimistic.

Freckle · 05/05/2008 11:40

Oh and your ex=h isn't a solicitor, is he???

Original poster
hallmark · 05/05/2008 11:45

no ex is worse than a solicitor he is copper!
he was having an affair but i coudnt prove it and didnt have the funds to persue it. so i agreed for divorce on my unreasonable behaviour. basically he said we rowed a lot.

OP posts:
Freckle · 05/05/2008 11:46

Well, you need to get urgent legal advice because as far as I can see he's taking you for a mug.

Original poster
hallmark · 05/05/2008 11:48

yeah he is and i feel powerless to stop him.
thanks for your help.

OP posts:
mumblechum · 05/05/2008 11:48

Freckle, I'm not surprised the DA was made in these circs. Once 6 weeks has elapsed since DN, the DA is processed by a clerk. There is no referral to a District Judge.

Hallmark, by getting your DA already, you have signed away your right to a death in service widow's allowance, but notwithstanding that, you should now get a solicitor to try to negotiate a settlement based on your and your husband's financial resources. If a settlement isn't possible, the matter will be referred to the court and ultimately the court will make a decision on what is fair t o everyone, especially the children.

So far as the house is concerned, it's not unusual to transfer a mat. home from joint names to the wife's name notwithstanding that the husband remains liable on the mortgage account. You can, if appropriate, indemnify him within the court order so far as his liability is concerned, and in practice, if your ex wants to get a mortgage out on another property, his application will go to the lenders underwriters who may well decide that as he is indemnified under the existing mortgage, he's a safe bet for a new mortgage.

Hope all that makes sense. I'm around for another hour or so (I'm a lawyer specialising in financial matters in divorce).

Original poster
hallmark · 05/05/2008 11:53

mumblechum, thanks. do i have to take this matter through the courts or can i deal with alone i have no money!

OP posts:
WiiMii · 05/05/2008 11:55

This reply has been deleted

Message withdrawn at poster's request.

Freckle · 05/05/2008 11:58

Hallmark, do you work? Or are you in receipt of any benefits? Do go and see a solicitor who will be able to advise if you are eligible for any financial assistance.

WiiMii · 05/05/2008 12:01

This reply has been deleted

Message withdrawn at poster's request.

Original poster
hallmark · 05/05/2008 12:02

i work part time, but i dont think i can get free help

OP posts:
WiiMii · 05/05/2008 12:04

This reply has been deleted

Message withdrawn at poster's request.

mumblechum · 05/05/2008 12:05

Hi Hallmark. Go to the legal services commission website, click on eligibility calculator for "Legal Help". It'll take 5 mins and you'll then know whether you're entitled to public funding.

Original poster
hallmark · 05/05/2008 12:06

i have had a few free setions with different solicitors and it looked bleak they estimated it would cost 20k to sort out the financial stuff. there isnt even that much equity in the property, and i believe that now we are divorced i have no claim to his pension. it is bad!

OP posts:
Original poster
hallmark · 05/05/2008 12:06

thank you mumblechum i will do that now

OP posts:
WiiMii · 05/05/2008 12:09

This reply has been deleted

Message withdrawn at poster's request.

mumblechum · 05/05/2008 12:16

£20k??? My most expensive nightmare case ever cost £10k (and I'm not cheap!).

Most of my cases, 95% of which are settled by negotiation, cost between £2k and £4k. If it goes to court, it can cost £6 to £9k, depending on how heavily you rely on counsel.

mumblechum · 05/05/2008 12:18

If you want a ballpark settlement estimate, I'm happy to try to work one out for you now. What I need to know is:

length of marriage

ages of you and ex

ages of children

ex's salary, your salary, how much you could earn when kids old enough

assets, ie equity in property, any endowments, any savings (yours, his, joint), same for debts.

roughly how much his pension is worth today

I've gotta run at 12.45, if you can post before then I'll try to help.