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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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Living together 4 yrs after divorce - affect final settlement?

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kittytoebeans69
Posted by
New Member

18 Sep 22 #520003 by kittytoebeans69

Topic started by kittytoebeans69

MY QUESTION IS will the time after our divorce when we lived together, affect our final settlement?
Background: We were married 1990 - 2000. During that time I was at home raising our 4 children and he worked at sea on oil tankers making a very successful and lucrative career for himself as a Ship's Captain/Master.
When we got divorced:
- I had four children under 12, the youngest was 18mths
- my ex gave me the very minimum child support he thought appropriate
- he paid the mortgage (He saw the house entirely as his, as he had purchased it a month before our marriage and put it in his name only.)
- I started work to pay the bills but could only get a part time job due to sole childcare
- my ex never had any care of the kids, they spent no time with him, no overnights etc.
A short while after the divorce went through, he split up with his then girlfriend and moved back into the house with me and the kids - I was scared of him as there had been continuous domestic violence abuse etc and I just wanted to keep a roof over my kids' heads so I didn't do anything to stop him.
We 'lived together' for 4 more years until 2004, when I finally couldn't take it any more and we split for good.
I stayed in the house and he finally left.
He continued to pay the mortgage until it was paid up. He always told me as soon as the youngest was 16 he would sell the house, but he never did. Sorry for the long intro
Fast forward to now, I still live there and the youngest is about to move out and get his own place.
I've now told my ex that I want to finalise our finances and sort out the house etc. I suspect this will not be easy to make happen as he seems resistant to go through either mediation or courts.
tldr MY QUESTION IS will 4 years after our divorce when we lived together, have an effect our final settlement in any way?

hadenoughnow
Moderator

19 Sep 22 #520011 by hadenoughnow

Reply from hadenoughnow

The first consideration will be needs and, given you have brought up the children etc, the first question would be whether you could reasonably be rehoused with 50% of the equity.
If he has a pension you will also be entitled to a share of that.
You may need to consider a court application to prevent sale and ensure a fair financial settlement.

Hadenoughnow

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Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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