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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 32998
Experience:  25 years experience of all aspects of family law
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My wife moved out of the family home 18 months ago, taking

Customer Question

Good evening.
My wife moved out of the family home 18 months ago, taking my dauagther with her. My wifes daughter still lives with me. We had agreed to divorce without using solictors and my wife has asked for £12500 from the house. When she left 18 months ago, I was left paying mortage, loans, overdraft and credit card bills. We both have private pension but again have agreed not to persue these once divorced. We have both signed an agreement stating that my wife agrees to £12,500 from the house (which she wanted before i could start to look at remortaging) and wouldnt touch each other pensions. We both know that we require a consent order for the finances. The nisi was prononced last week and remortage offer now in place but wife is saying she is now refusing to sign house over and wants to remain on deeds/mortage (although she doesnt pay anyting towards the mortage). What is the best way to try and move forward? thanks
Submitted: 1 month ago.
Category: UK Family Law
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How old are the chidlren?

How much is the house worth and how much is outstanding on the mortgage?

What other assets are there and what income do you each have?

Customer: replied 1 month ago.
13yr old lives with wife. I pay child maintance each month £300. Wifes daughter is 20. House is worth £140000 and mortage is £80,000. Debts were £4500 over draft, £6000 credit cards, £25000 loans. Both work full time. Wife earns £37000 plus overtime and i earn £44000
Customer: replied 1 month ago.
I have managed to pay off the debt of £35,000 since wife left by having a loan from family.
Expert:  Clare replied 1 month ago.

What were the debts used to fund?

Customer: replied 1 month ago.
over spending, caravan (now sold), previous debt
Expert:  Clare replied 1 month ago.

Joint debt then?

How much did the Caravan sell for?

Customer: replied 1 month ago.
joint debt incured during the marriage and before wife left. Caravan sold for £8000 that was used to help pay off the loan on it
Expert:  Clare replied 1 month ago.

What pensions do you each have?

Customer: replied 1 month ago.
Both have NHS pensions. I have requested my CETV (not yet through) as I belive this will be required for the consent/clean break order but wife is refusing to request her figures
Expert:  Clare replied 1 month ago.

I am afraid that the previous agreement cannot be enforced - despite the signed paperwork.

The figure is a little low so far as settlement is concerned - despite the debts.

The way forward is to try and negotiate using Family mediation - and if that fails you will need to apply to the court for the finances to be dealt with

using a Form A and paying the fee of £255

Please ask if you need further details

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