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solicitor advising me to move out of the home

  • Stuart123
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23 Aug 22 #519852 by Stuart123
Topic started by Stuart123
i have had two letters from my soon to be Ex wife after 32 years, her solicitor advising that on her request is that I leave the FMH, mortgage free home, no DV or anything like that, I filed the divorce for reasons I will not go into here. I currently Pay all the bills with on going no finance support from her, I am sleeping on a bunk bed in the back bed room living out of bags in a house that I had fully paid for. I am aware split starts at a 50/50 but taking pensions and other assets in to account this can, as I understand offset other assets.I want to move out but unable to afford to do so on my savings alone. I have written back to her solicitor advising that all the bills would need to be transferred into her name and account, releasing me from the utility ties and that I would also need 25% of the equity in the house in order to put with my savings to place a deposit down on a new home, along with a new mortgage. The 25% would come from a re mortgage that she would take out and transfer to me and the deeds change to her name and she and my 15 year old son would remain in the FMH which is a large well maintained home and she would also keep all of its fittings and contents. Sorry I am trying to keep this as simple of process as possible.my plan would be to obtain a mortgage equal to this amount 25% therefore matching what each of our outgoing will be post financial separation, she would be keeping 75% of the FMH, and the value of its contents. I would never be able to afford a similar size house again due to my age, not that I would need that much space anyway. Hope this is making sense. I would then be able to buy a new home and move out as advised. i think i am been overly fair in this suggestion.i have already made one mistake and provided financial disclosure information to her solicitor as this was requested. my thinking was this would help things move forward as nothing is contested at the min as far as i know as nothing has been discussed, but lack of communication from her is making this very hard as i have no idea what she wants. but now at a disadvantage as i don't have her finance information as she always kept this a secrete from me. I am trying support /represent myself through this process to keep costs down, she went straight to a solicitor rather than engaging in any direct communication with me or considering mediation to develop a Consent Order. I keep questioning if I am doing this right or not when sending correspondence to her solicitor or should I get my own solicitor at a cost, like I said I am now penny counting as I will need to fund a new home and furnish it and renovate it as I am unlikely going to be able to afford anything like what I will be moving out of. But I also would like to keep a large not if all my pension intact.

i just worry that i am going to get this wrong and end up screwing myself over for being nice, i am learning that being nice has its down falls. but i have got to ensure my 15 year old son is priority and i want him to stay in his current home without having to move due to this sad situation.

  • Rickoshea
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23 Aug 22 #519854 by Rickoshea
Reply from Rickoshea
Her solicitor is only acting in her interests as that is their role. That's why they have asked you to move out whereas your own solicitor if you had one would probably be advising the opposite.

Have you taken any advice from a Solicitor even if just an initial session so that you understand the processes and a starting point for what you may consider as offers?

By sending these offers and discussions you may have already prejudiced your case if it was to go that far. May be worth ringing the helpline on here also to get some advice of what to be doing also.

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