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Topic:
Property adjustment order (8 Posts)
Started By:
Date:
21 March, 2017 01:39PM
Property adjustment order
LouiseK - 21 March, 2017 01:39PM
My ex left me around 5 years ago, the classic running off with a younger woman leaving with me with two grown up children and one dependant.
He pushed me for a quick divorce and actually lied to achieve this, he was not interested in any kind of financial settlement and in fact refused to even talk about one.He has not paid one penny towards the mortgage, debts or even child support.
He re married very quickly and they rent a house at the moment, a while ago he asked me if i could remortgage so that he could get a new mortgage to buy a house with his new wife. I tried over several months but with the new tougher rules I could not.
I understand he wants to move on and I even agreed to sell the house and use the equity to buy somewhere smaller, but now he has decided he wants half the equity which means I will never be able to buy again and after all these years of hard work now face an insecure future.
I just feel that if he wants half he should have paid half and also the debts he left with me.
My question is, is there a time limit on him getting an adjustment order? I have seen a few things online that suggest there is as he has remarried but its a little confusing.
Re: Property adjustment order
kefell - 21 March, 2017 02:18PM
David or someone else will be along to give advice but my understanding is, by remarrying before sorting out the financial settlement he has shot himself in the foot.

Stand your ground on this ... and if you want to go for the child support too if he continues to try and mess you around.
Re: Property adjustment order
davidterry - 21 March, 2017 03:24PM
The problem is that the house seems to be jointly owned with the former spouse. That joint ownership is not affected by the fact that he has remarried. Also, he seems to have been the one who issued the divorce petition. If that is the case his rights in respect of the marriage may not have expired when he remarried. It will depend completely upon what boxes he ticked in the divorce petition.

I assume the OP has not remarried. In that case she can make an application to a court to determine the financial issues arising from the marriage. It may well be in her interest to do this because in such an application it is much more likely that she would be awarded the house or most of it on the basis of need (depending on the figures). Since the house cannot be sold (except by agreement) until this is sorted out once for all it is in the OP's interest to get it sorted out.
Re: Property adjustment order
LouiseK - 25 March, 2017 01:42PM
Thank you for your reply's gents.

The house is jointly owned and as I said I don't have a problem with actually selling and down sizing all I want is some security as I go forward. He and his new wife can easily go on and buy somewhere together but if I lose half the equity I will not be able to.

I know this may sound selfish but I am just being honest and after all I have paid everything for the last few years on my own so an equal split seems very unfair.

I just really need to know if he can actually get some sort of order to force the sale after all this time or would the courts just say its no longer anything to do with the divorce.

No I have not remarried (not bloody likely)

The last thing I want is to go to court but I wonder if I can somehow counter claim for the money he in theory owes me just as a way of making him think again? Am I entitled to chase him for his share of mortgage payments etc.

Thanks again I really do appreciate your advice.
Re: Property adjustment order
puma931 - 27 March, 2017 04:34PM
Do you already have a court order on finances? "My question is, is there a time limit on him getting an adjustment order?"

If you don't then: My understanding is that you both need to disclose current earnings, savings, debts, pension transfer values, and agree on the equity value in the property. Based on complete information you can then look at what you both have and then negotiate a fair split (you could argue that you need more as there is still one dependant and your Ex's living costs are now shared with his new wife). You could also negotiate a delay in selling the house until your youngest child has left school.

Try attending mediation to assist with this process and also discuss any proposed splits with a solicitor. Don't agree to anything until a solicitor has reviewed and given you advice. Depending on how close you both are to agreeing you might be able to agree a split without the associated costs of going to court.

BTW - Your ex would need to take you to court to force the house sale.

Child maintenance is separate to the above and you need to contact Child Maintenance Services if this is not being paid.
Re: Property adjustment order
davidterry - 28 March, 2017 10:14AM
>>I just really need to know if he can actually get some sort of order to force the sale after all this time or would the courts just say its no longer anything to do with the divorce.

That depends upon which boxes he ticked in the divorce petition. If he ticked the right boxes he can still make a court application to have the property dealt with by the divorce courts. If he did not then he is left with his rights as joint owner. If he is forced to rely upon the latter (and you refuse to use the divorce process route to sort out what should happen to the property) when he will be able to force a sale will probably depend upon when the last child ceases to be dependent.

Since he remains a joint owner of this property unless and until there is a court order to the contrary it is in your interest to get this settled. If you do not you may find that he wants his half share in ten years' time when values could be very different.
Re: Property adjustment order
LouiseK - 02 April, 2017 03:09PM
I have searched through the divorce paperwork and he has not ticked the box for a Financial Order, my understanding is that firstly he would have to apply to the court for permission to even get one now? Also as he has remarried it would be very unlikely that he would be able to get a Property adjustment order anyway?

Also if he ever did force sale am I entitled to claim for all the years he has not paid his share.
Re: Property adjustment order
davidterry - 03 April, 2017 01:26PM
>>if he ever did force sale am I entitled to claim for all the years he has not paid his share.

Just as he would be entitled to seek an occupation rent from you for having occupied a property half owned by him for so many years.
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