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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.

 

Equity

  • LotteR
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07 Nov 24 #524497 by LotteR
Topic started by LotteR
Hi
this is a complicated one and long so I do apologise but asking here as no one has been able to help me, I seem to be going round in circles
I'm currently going through a divorce,
we were together 8 years and only married for 1, we have 1 child, my husbands name was solely on the deeds for the property (although we did buy the home when we were together) there were 2 mortgages on the home one in his name and one joint, shortly after our daughter was born he admitted to having an addiction to drugs, he went to rehab but it destroyed everything, the business and relationship and he moved out early this year
We had 3 companies that went into administration prior to the seperation and he had lots of debt both within the Ltd companies and some that have come for him personally.
He wanted to sell the home myself and children were still living in as he was at risk of going bankrupt so wanted to protect any equity we could from the home.
Due to the companies going I lost my job so I needed to find a job, car, sort child care and try and find a rental which wasn't easy
He got annoyed I wasn't moving out so a month after he left he sent us a notice to quit and 5 weeks to move, legally I was advised to stay but he made our lives so difficult, I couldn't afford the mortgage and it was effecting myself and the children living there so I borrowed money off my family and found us a rental.
I had been advised to do MHR which I did, but once he found out we had left the house, he changed the court case so rather then removing us from the home he took me to court to have my MHR removed so the house could be sold quickly.
I agreed in court to remove the MHR and agreed that his debts of approx £180k could be paid from the equity, the mortgages were both paid. I agreed to do this as court order was put in place stating the remaining £130k would be held by the conveyancing solicitors only to be released with agreement between ourselves or by us going to court if we couldn't agree.
Since the court order he has applied for an IVA, I am unaware of any more debt and have not had a straight answer about who he still owes money to, but I'm told I now need agreement from them and the creditors before anything is released.
the IP is also saying if the IVA doesn't get passed he will be made bankrupt so all the remaining equity will go towards that, as I wasn't on the deeds i'm unlikely to be entitled to anything
I am unable to find a solicitor and have been left without a penny, where as he has two solicitors and has already received some money £60k from a sale of his business yard (he attached his bank statements when he took me to court to remove my MHR)
all his solicitors letters want me to agree to accept an amount as full and final settlement (was £5000 then goes to £10000 then back to £5000) as long as I sign that he will then retain the remaining funds £125k to use for his IVA, there seems to a lot of if it's passed, and if it goes to bankruptcy I won't get anything, they feel they are being fair trying to offer me something but I have obviously lost all trust in them and the only people advising me are his solicitors and his Insolvency practioner
ive spoken to numerous solicitors, IVA experts, financial advisors but no one is able to offer me any advice, but they all say it seems really strange and not to agree anything.
weve obviously got other things going on with the family courts and this has and is always going to be my priority,
but his solicitors are bombarding me to make a decision and I do worry about agreeing anything as no one is able to advise and if I do not agree anything every penny then goes to the bankruptcy if it comes to that

  • WYSPECIAL
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07 Nov 24 #524498 by WYSPECIAL
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Sounds complicated but I can’t see what your question is.
Are you asking if you should accept the £5k/£10k?

If his debts are that bad bankruptcy would probably be his best option.

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07 Nov 24 #524499 by LotteR
Reply from LotteR
Yes sorry I’m asking if I should accept an amount offered or if I should not accept anything.
I’m thinking, and this is where I needed advice, if I don’t accept anything legally he would need to go back to court to get the money released, the solicitors have spoken about the courts needing to endorse any offer to ensure it’s fair as part of the divorce, so as I’m a litigant in person I'm relying on the courts really, my only worry is the fact they said if he goes bankrupt I won’t be entitled to any of the equity

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07 Nov 24 #524500 by WYSPECIAL
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How do you feel about it?
Personally if I was told if you don’t accept £5k you might get nothing I’d take my chances and turn them down.

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07 Nov 24 #524501 by LotteR
Reply from LotteR
Yes that’s my thoughts and I think I’ve upset his solicitors by refusing to sign anything, I just have no trust in them and feel they are trying to scare me into accepting a low amount, they use a lot of ifs and mights in their emails so I take that as nothing is set in stone, it would cost me thousands to get a solicitor to look through all the paperwork so I’m just now trying to see if anyone else has been through this or what others would do. I’m not going to accept or sign any offers (unless they say 50/50 of the remaining equity, as I’d class that as fair and would be stupid to turn that down 😂)

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