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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.

What steps can we take to reach a fair agreement?

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

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

house repossession

  • ladybird1
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29 Apr 24 #522963 by ladybird1
Topic started by ladybird1
i have 2 questions really, at our final financial hearing i was given the full equity of the family home whilst my ex retained our rental property as the values were deamed to be equal. he had stopped paying the mortgage in the family home some month prior to the hearing. the house was under offer at the time of the hearing but the sale has since fell through. the building society are looking to reposes the property.

Question 1 is can i challenge the final financial order given that the house is likely to be reposesed?
Question 2 who will the bad debt go down against if the house is reposesed as it is in my exes name only.

  • WYSPECIAL
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30 Apr 24 #522968 by WYSPECIAL
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Was there an order that he continue to pay the mortgage until the house was sold?

What makes you think it will be repossessed? That is usually a long way down the line.

Have you ever had any joint financial products? If so you’ll be associated so it will probably affect both of your credit ratings.

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30 Apr 24 #522971 by ladybird1
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no there was no court order put in place to ensure mortgage paid.
the bank have started procedings to repossessed.

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01 May 24 #522975 by WYSPECIAL
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That suggests that the mortgage hasn’t been paid for some time and there has been various communication beforehand.

Presumably the lender is aware of your interest in the house and is communicating with you? You could ask them to hold off while the house is sold and maybe agree a payment schedule in the meantime. Quick repossessions are often a sign of there being little equity in the property so the lender wants to protect their money.

Ensure the lender is aware that if they do repossess the equity belongs to you not your ex

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