Can''t see anything good will come out of this...

Ranty, sorry...
Partner finally got round to thinking about sorting finances out, 12 months after Absolute. 4 years ago they agreed his ex was going to get £10k out of the equity in the FMH where he still is, he takes on massive mortgage and secured loan, she claims all cb, wtc, ctc despite 50/50 residence. Bank agreed loan in his name, plus extra borrowing to pay her off. (not completed paperwork as all tied up with extra borrowing, Consent Order and transfer of equity)


Now he''s (finally) decided that it would be a good idea for US to live together, had estate agent round today and they''ve valued it realistically at much less, which after sale costs leaves less in the pot than they agreed on, which will leave him out of pocket if she insists on this figure.

So far its all been a very pleasant divorce, but when (if) she realises that there''s not enough as she was expecting (having maxed out her credit cards) she''s going to go ape.

So, if it does hit the fan, and the consent order will have to be re-worded, what are lie chances that she can take him to court for AR and force him to pay what they agreed verbally? Remembering that so far nothing apart from the Absolute has been finalised?

Another sleepless night for me tonight I think He''s been going to Sort It Out for four years, all the time i''ve been through my own shitty divorce, 3 trips to court, yet now our future depends on his ex? Again? Grrr.

Rant over, feel a bit better for seeing it written down.

How can she take him to court to pay what they agreed verbally? How will she prove it? If the had negotiations things are bound to have changed four years later.

Get it sorted before you live together!

There''s an email trail that he''s kept in case she wanted to fight for more, can this be used againt him if he''s agreed it seeing as they didn''t have the figures at the time? If he''d gone with the first plan then she''d have had the cash and left him in negative equity - I''m not prepared to take that on out of my own equity division from proceeds from my divorce.

Feel sick about it all, I need actions rather than promises that have been put off and broken so many times over the last few years in an attempt to not rock the boat

Well I don''t know what store you can put by an email trail. It seems to me that you strike a price on a day and seal it then, not some considerable time later when the economy and all sorts of other things change. My thoughts much as WYSPECIAL.

Not much comfort - sorry.

Nige.

By Jove I think you''ve got it! (or maybe a few hours sleep has enabled me to think around this) - lets turn the situation around a bit -

SHE could have instigated everything! The divorce that was so amiable that should have been started after 2 years was left to my partner to sort out - 3 years after separation and Absolute weeks before she had another man''s baby...

She can''t now be the one to demand this previously agreed sum of money if she''s been not interested in applying for AR up to now, she shouldn''t have maxed out her cards without a written-in-stone consent order (that neither of them have been arsed about getting around to).

The housing market has changed, out of my partner''s control, her spending habits have not (hair, nails, weekends away, 6 new cars, supporting her now ex boyfriend).

Thanks guys for a different perspective!

Amazing what a good nights sleep can do.

My advice though tell him to get his life sorted before you commit to living together. You don''t want a relationship with three people in it.

Sorry, just to clarify, he agreed, 4 years ago to pay ex wife a certain sum. The bank agreed the mortgage, in his name only, to allow this to happen but the mortgage paperwork was never finalise due to no consent order being completed?

That being the case he would have to start from scratch for mortgage offer on the basis of current value of house and if house value has fallen then he may not be offered the same sum (or any sum in current climate ...).

And as you cant pay out what you dont have ex can scream and shout and do what she likes, he cant honour any e-mail trail and re-negotiation is in order.

If he took the mortgage 4 years ago then the mortgage is a charge on the house which will have to be taken into account in a settlement as equity in house is a reflection of charges on it - well, I would think anyway.