Need advice please!

So his housing needs are more than adequately catered for, in which case you need to make sure your housing needs are too.

I think you'd be best placed to start ancillary relief proceedings as well as sorting out your child's welfare. Moving her so far away would make your contact with her very difficult and involve sorting out new schools etc as well as moving her away from her friends.

Has she thought about this, or does she just think living with Dad would be an extension of the excitement of a visit?

I don't understand why you didn't put your name on the mortgage and yet you have always paid towards it.

If your name is not on the mortgage is it on the deeds? If not you need to register matrimonial home rights asap.

There is an advantage to you not being on the mortgage I suppose .. he would be the one who is chased for the debt if it is not paid.

the house is only part of the picture though.

Look at www.wikivorce.com/divorce/Divorce-Financ...to-calculate-a-fair- financial-settlement.html

This sets out what is considered when assets are divided on divorce.

You can use the on site Divorce Calculator for guidance or if you want wikipeeps to give you a view, you need to provide the following information:

Ages
Length of marriage + pre marriage cohab
Children - ages, genders and arrangements for them (nights with each parent)
Incomes (inc Tax credits etc if applicable)
FMH Value and outstanding mortgage + size of FMH
Value of other assets in sole of joint names - savings, shares, endowments
Pensions - CETVS
Liabilities in sole or joint names - loans, debts etc

Hadenoughnow

ingrid74 wrote:

Hi Angel, thanks for replying.

I was told I was able to stay in the house as I had our daughter but he says that has changed now she is with him. No financial settlement though was ever agreed, but he is telling me I have to sell up and give hm a certain percentage of the sale, I will have to pay for all the costs etc. He is still a serving member of the forces and I have agreed to walk away from his pension and gratuity which he receives in 4 years. He has never contributed in the past 3 years to mortgage so all in all I have paid over £18000. Does that not mean anyhting? Plus I also have an interest in the property. Many thanks again!!

Hello..

I am interested to "Whom" has has informed him things have changed - Am sorry but he can not just decide to "undo" a decision that has been made!

I still cant understand why both your solicitors did not negotiate your finances?

I would imagine that your contribution to the mortage & his lack of may carry some weight that you have interest in the property.

Is your agreement to "walk away" from his pension law binding or a personal one?

Your daughter is "8" - erm sorry its not happening she does not in my view get to make such a life changing decision to live 200 miles away with her father, she is too young understand what implications this will have on those concerned!

I am curious to know why he appears to have persuaded her to not live with you all of a sudden & if he serves in the armed force, then who the hell is going to take care of her & provide the motherly/fatherly love this child needs without question. His extended family is NOT good enough in my opinion!

I would strongly suggest you cease contact with him regarding this matter & seek professional legal advice NOW.. I feel he maybe doing the same?

Angel 1
x

Ex husband is correct, unless there was a Consent Order signed off by the court to the contrary the property is in his name and you can only have matrimonial home rights to live there if you are married so you have no rights to stay in the property. It could be said you enjoyed sole use of the property and paying the mortgage was in lieu of rent for occupying the property.

However, all the his/her/joint assets held now are the consideration so you can make claims against him and the court can order a transfer/sale of property, lump sum payments, maintenance and pension sharing. I would suggest seeing a solicitor at the earliest opportunity to find out where you stand and what your options are.

Fiona, you are correct that matrimonial home rights end on the Decree Absolute but it remains a matrimonail asset and Ingrid will almost certainly have a beneficial interest in the property. It is wrong to say she has not rights in the property.

Ingrid, you need to see a solicitor as a matter of urgency - you need to get the finaces sorted out - your husband is misleading you - if you do not have any interest in the hoseu then there is no way you would be expected to pay the costs relted to selling it, and even though it is in your name it is a matrimonial asset and as such you have a claim agaisnt it and indeed against the proportion of your husband's pension built up in the marriage.

If the agreement was that you would keep the hosue and he the pension then it may be more reasonable for you to pay the costs of transferring the house from joint names into your sole name.

I would also question whether it is appropriate to allow your child, at 8, to decide where she will live - on what basis has this choice been made? Who will be caring for her when your husband is working? what if he is posted overseas?