Drawn out divorce proceedings

Hi, I'm a newbie to this site and am hoping to get some advice.

My divorce proceedings have been going on for nearly four years now! We had no children so you wouldn't think it would have carried on this long. Basically, he cheated on me and moved his girlfriend in the weekend I moved out. I lived with him for 7 years then we got married, the marriage lasted one year. The house was in his name and he would never put me on the mortgage although I paid into his bank half the mortgage payments (and more) each month and we had lodgers who paid the bills. The courts have acknowledged so far I am entitled to a share in the property but he has consistently held up the proceedings, hence why it has taken so long.

I had a phone call from my solicitor last week to say he has received notice of possession papers for my former matriominial home, 10 days after we are due to appear for a final hearing where I have to pay considerable costs for a barrister. Question, the home is not in negative equity, yet, but is it worth paying for the barristers knowing the bank is going to repossess, will I have a chance of getting any settlement, any suggestions welcome.

Apologies for the war and peace!

I feel for you, and 4 years of him dragging it out like this must have been so draining to you, but not draining to the lawyers. I'm trying to break the deadlock on 13mths worth and being 4 thousand between us down. I'm a newbie to site also. what you read is a big learning curve and don't know how those who benefit from long drawn out misery sleep at night to be honest - call me old fashioned, but that's how I feel.

All the best and hope you get your breakthrough - yours has been a long tunnel, going in court with pounds and coming out with pence - horrible isn't it?

I've never met anyone who managed to get a divorce for £69.00 and would to love how that's achieved - bring it on!

Best wishes

Jolly

Have you proposed a Lump Sum to him? If the courts recognise that he should pay this - then this is the real issue of negotiations; not whether or not the Bank reposseses the home. (I doubt they'll do that within the next 10 days)so valuation should work from form E disclosure (sorry if I'm wrong here?)

Only you can decide if fighting this is worth any settlement? I have had to walk away from a fair settlement because of the legal costs issue.

Even if you do go to the FH; you will both be expected to be negotiating incluidng on the morning - when the barristers will attempt to thrash this out.

Hi

Thank you for your comments, it has been a long drawn out process and it was looking like I would eventually get somewhere with the final hearing, although panicking a bit about the repossession order now.

I have been trying to obtain a Clean Break settlement for the last four years and every time it looked like we were going to get somewhere he has seemingly disappeared of the face of the earth!. I have had to pay to get papers served as he would deny receiving anything from my solicitor and the court. One good thing is that he now has to pay quite a lot of my legal costs, including wasted court cost charges. I really don't think he will turn up to the final hearing but knowing him he will do it just to put a spanner in the works and delay things yet again. Part of me wants to walk away but I have got this far so am thinking what is another court charge but it almost feels like a gamble when you don't know the odds. The courts have acknowledged I am entitled to a percentage of my former home and we have had valuations done etc but he still wouldn't budge. I am just worried that even if I do obtain an order, if the house is repossessed I will still end up with nothing as it will get swallowed up by the bank.

If nothing else, I just want to get the Decree Absolute so I am finally free and can move on with my life.

I agree with the comments about wanting to know how to get a divorce for £69 ... I wish lol.

Good luck to everyone, it's not a nice thing to go through, unfortunately it is just a necessary evil.

shabbagirl wrote:

One good thing is that he now has to pay quite a lot of my legal costs, including wasted court cost charges. I really don't think he will turn up to the final hearing

...if that's the case:re Costs; then add any you incur for the FH! If he fails to show; especially after this amount of time, I believe a judgment can be made without him.

Please post the Outcome in the Court Outcomes section of this forum, it may serve as a warning to others not towing the line, and may help wiki users who are also dealing with stubborn ex's.

Good luck!

Sera
x

PS: Yes, it's like gambling. Our judge warned against Cost vs. Settlement

Thank you Sera

I have just looked at house prices in the area and thankfully they haven't reached rock bottom yet so even with a reposession order hopefully I will get something back for all my effort!

I will post the outcome, not sure if it will deter those stubborn ex's though, they always think they are cunning and above the law but hopefully it will give hope to somebody going through a similar experience.

Rachael x

shabbagirl wrote:

The house was in his name and he would never put me on the mortgage although I paid into his bank half the mortgage payments

If you know the Mortgage lender (?) it wouldn't hurt to call them and ask them to await court outcome. If there is late payment; they will then be enlightened as to why; and make a note on their 'system'. (Lender details should be on his Form E?)

When my mum died, Woolwich started asking for mortgage payments (arrears). I said it was now awaiting the transfers of ownership etc; and they 'made a note' and made no further demands. Eighteen months later: we paid them off the outstanding Lump sum, interest free on the Sale.

Now although you didn't have your name on the Deed; it doesn't make any difference. You would've had matrimonial home Rights - and the courts do have the power to redistribute marital property any which way it chooses; regardless of whose name it was in.

If he owes you a Lump Sum, PLUS Legal fees; the judge can award a larger percentage share of the home. You could then buy out the rest, or the judge could Order a Sale.

Best start by notifying the Lender that it is in Matrimonial dispute, and the four-year Case is expected to be concluded next week. (There is a credit crunch on; but I think in this situation) it might buy you some time and it won't hurt to ask!