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History: Home UK Divorce Forum
Topic:
What happens if we can't agree? (8 Posts)
Started By:
Date:
16 January, 2018 07:49PM
What happens if we can't agree?
Bumblebumble - 16 January, 2018 07:49PM
Ex has rejected mediation and has no legal representation at all.

I have a solicitor and we are going to be sending ex a letter soon regarding finances.

There is a house with a lot of equity, a small loan £10k, 1 child under 18.

Ex is self employed and sees our child once a week for a few hours with bk contact inbetween, no overnight stays and no time off over half terms etc

I work part time with an average salary.

I don't want to keep pumping money into my solicitors pocket and sending lots of letters if my ex won't agree which he won't as he thinks he's entitled to 50% and has stopped child maintenance payments

How would this get resolved?
Re: What happens if we can't agree?
HatMan - 17 January, 2018 07:41AM
How much under 18 is the child...this matters.
Re: What happens if we can't agree?
davidterry - 17 January, 2018 10:24AM
>>he thinks he's entitled to 50%

Why do you think he isn't? And how much more than 50% do you think you are entitled to and why? You say there is a house with a 'lot' of equity. Figures matter. How big is the house? How much is it worth and what is the outstanding mortgage?
Re: What happens if we can't agree?
Bumblebumble - 17 January, 2018 03:01PM
Child is 7

House is a 2 bed worth 380k

Mortgage left 112k

I have paid the mortgage by myself for the past 3 years he hasn't contributed at all.

The only payments I get from him is £100 child maintenance which he is about 2k in arrears

I don't know his salary as he will not disclose this he is self employed and 'doesnt know'

I earn 22k part time working 20 hours per week

Can I still sell the house before everything is agreed? I can't afford to stay here much linger as I just cannot afford the bills and mortgage.
Re: What happens if we can't agree?
davidterry - 17 January, 2018 06:14PM
You will not be able to sell the property unless you and your husband both agree to do so. Bearing in mind that you are in dispute about how the equity should be divided it seems unlikely the house can be sold until there is a formal and final financial settlement. On these figures and facts it would be surprising if your husband was awarded 50% of the equity. Your housing need looks greater than his and his has, presumably, been resolved at some time in the last three years.

If your ex has rejected mediation the only way you are going to get this settled any time soon is by making an application to the court to settle the financial issues arising from the marriage.
Re: What happens if we can't agree?
Bumblebumble - 17 January, 2018 10:10PM
Thanks for reply

I have payed the mortgage on my own for the last 3 years. Do you know if I can claim this momeny back from my ex?

The value of the house now is more than it was 3 years ago so I don't see why he should benefit
Re: What happens if we can't agree?
Andyk - 17 January, 2018 10:47PM
Generally whoever lives in the property pays the mortgage, you are in effect paying the mortgage with the rent that he is due because you have the benefit of all of the house whereas he has no benefit. That is why it is always a good idea not to wait when a divorce is concerned, everything is valued at today not the date you separate.
Re: What happens if we can't agree?
puma931 - 19 January, 2018 09:53AM
Child maintenance is separate issue. Contact [childmaintenanceservice.direct.gov.uk] and they should be able to help you.
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