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what do i do

  • GEORDIE62
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09 Dec 13 #415778 by GEORDIE62
Topic started by GEORDIE62
I left my stbx 11 months ago, after a long controlling marriage, we are now going through divorce and the house is being sold but we haven''t even got to Decree Nisi stage yet.
I have tried fighting for what I think I am entitled too, pensions, half house sale minus solic and agents fees. also some of the ppi he got back when we were together.
everything I tried has fallen on deaf ears and his solic has wrote to mine saying I should just accept a Clean Break payment from house as the house sale will fall through if I persist and his pensions aren''t worth haggling about.
do I keep fighting? or just accept defeat? he has bought a new house and gets the contents of old one while I am in a 1 bed rented property
advice please...

  • TBagpuss
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19 Dec 13 #416548 by TBagpuss
Reply from TBagpuss
no reason at all why house sale should fall through, The sale proceeds can (and should) be held by the conveyancing solicitors until you reach agreement on the finacial split.

AS to whether his pensions are worth pursuing, that depends on what they are worth. Has he disclsoed up to date transfer values? Even if they are too small to make them worth splitting there could be an adjustment to the split of the equity to take into account the fact that he has that asset and you don''t.

What do each of you earn? are there any children? If he earns more than you then you may be entitled to more than 50% from the house.

How much equity is there in his new house? How did he fund the deposit? That property is potentially a matrimonial asset too. (if he is planning to buy using the net proceeds of sale of the FMH he can''t do that until you''ve agreed on what % you each get. Don''t let him bully you into agreeing anything you are not comfortable with.

Have you seen a solicitor? It would be worth your while to go to see one to get more specifc advice.

  • GEORDIE62
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20 Dec 13 #416675 by GEORDIE62
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hi yes I have a solic fighting my corner but haven''t had much support from her. I have put a final proposal forward asking for a 55/45 split as he getting all the belongings in the house too. he funded the house purchase with the help of youngest son they have gone into mortgage tog.
we both earn about the same 16,000 yr.
it would cost too much to fight for his pension as they aren''t worth ,much just about 70,000.
kids are now grown up so no dependants as such..

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