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Living to your reasonable means

  • Under60
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17 Aug 18 #503456 by Under60
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What about the fact of short marriage? Get out what you bought in? (Assuming it was all yours to begin with?)
Obviously you have a child to maintain, but other than that, if it was all yours before, why are you having to lose it so soon after?
I would personally go and get some other legal advice (Normally get half hour free at any solicitors that isn’t hers) and fight your corner for yourself instead of starting again from scratch.

  • adderblack
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18 Aug 18 #503463 by adderblack
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I am fighting and do expect a judge to deliver a fair outcome but that's another 5/6 months away of paying out two thirds my income and then thats not withstanding the outcome of a final hearing.

It's mental torture.

She's clearly determined to drag her feet on this, stick with this new business venture and even if the house is ordered to sell will no doubt try and long that out.

I'm frankly concerned a judge that although may order a sale, will take the easy way out and expect me to continue as is giving 65% percent of my income until the house sells which could be at least another 12 months.

I'll push and hope to god a judge would expect my ex and her parents to start contributing more than they are now in that interim. The problem is she's not living the lifestyle of someone with a no income and a young child.

She wan't the lifestyle she's used to which is someone earning £55k. She's essentially punishing me because I didn't accept her prior offer of nothing. She wanted to keep it out of the courts and me trust her but that was just never an option.

  • hadenoughnow
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18 Aug 18 #503464 by hadenoughnow
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You can ask for an order for sale now rather than waiting until final hearing.

The house can then go on the market and if it sells, the equity can be lodged in a conveyancing account. You would both
have to rent while things are sorted.

Hadenoughnow

  • adderblack
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18 Aug 18 #503465 by adderblack
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Just to add as well I think both the judges at the first hearing and the MPS could see what was going on.

The MPS judge asked if the value of the house was agreed upon which was telling but she made a brute decision I think to at least get my ex over the line by a final hearing. The first hearing judge was very polite but took charge of the situation and knocked out many of my ex's mud slinging waste of time questions. She was questioning £15 spending in sports direct.

She did order the house get valued which I think is telling.

At the end of the hearing the judge advised us both to start communicating to each other which I think was really a message to her. I've tried talking but her only option is an unbelievably cushy one for herself staying in a 6 bed house.

Keep in mind on the child side if the equation shes took that to the gutter too. She continues to dig the hole as deep as it can go but it's just totally transparent with whats happening and potentially it may blowup in her face if a judges views it as such is my feeling.

  • hadenoughnow
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18 Aug 18 #503470 by hadenoughnow
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It is standard practice for the value of the house to be established.

You should also have been asked to produce details of suitable alternative properties for each other as well as mortgage capacity.

Is your stbx represented?

If you are now self representing, it is vital that you understand the process and ensure you follow procedures.

What legal advice have you had about what a fair outcome could look like?

  • adderblack
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18 Aug 18 #503472 by adderblack
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I'm paying for legal advice as and when I can afford it but I'm trying to keep it reasonable.

My solicitor nor my barrister have established what they judge as a reasonable outcome, I think they are waiting on what the valuation comes back with.
My ex managed to get a valuation from an estate agent but it's complete pie in the sky. She clearly went in there with a sob story which is totally unprofessional on their part.

The first hearing judge merely requested the house get valued by a surveyor and knocked out all the nonsense questions. She never requested mortgage capability although my ex is nil given her business isn't earning.

I'm aware of what needs to happen for the second hearing but my ex is unrepresented so I very much doubt she does and will do what is needed. Her proposal throughout has been me paying her 20% of the equity for the next two/three years for her then to be able to get herself into a position to buy me out with 20%.

Every action by her has indicated this is going to a final hearing therefore I think that's why my legal representation are mindful of.

Shes refused to engage them in the correct manner thus far. Given what I'm paying, her age, the short marriage, her earning capability and with there only being one child in this that 60/40 is unreasonable. Not 80/20

  • divorced at last
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18 Aug 18 #503473 by divorced at last
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You need a firm valuation for the property, this will definitely be ordered at FDR if you haven’t agreed already. Your solicitor will then write to three agents and will ask them to supply their valuation to them. This could possibly be chargeable by the agents. The mean value will then be taken moving forward.

How long were you cohabiting before you married? A short marriage can become a long one if you lived together beforehand.

Her stance of keeping a six bed property can’t be justified. She doesn’t need it and she can’t afford it.

If you are happy to take the risk, her parents are living with her, give her a months notice and then stop paying the mortgage. May be the only way she starts thinking about budging. Why should you support three adults?!

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