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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Help filling in d50k form

  • Kizzwizzfizz
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12 Nov 24 #524526 by Kizzwizzfizz
Topic started by Kizzwizzfizz
Hello,

I'm hoping someone can help. I'm looking to enforce a financial remedy order I have from my divorce in 2018. He is still on the mortgage but I'm looking to remortgage soon. However, I have a structural issue with the roof and my order states that he has to pay half towards any structural repairs. I know he doesn't have the money so I want to apply to courts with a d50k form to ask for his half to be paid out of his 30% equity share when I remortgage. I just need help filling out the form.

I have attached the page of my order that specifies he has to pay half if that helps
Attachments:

  • WYSPECIAL
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12 Nov 24 #524528 by WYSPECIAL
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First thought from reading the attachment is has he agreed to the structural repair, especially as you acknowledge he can’t afford it?

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12 Nov 24 #524529 by EMC3419
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Can you provide some more details of the court order as it seems unusual that he has to pay 50% of structural repairs when he is only due 30% of the equity? Was this agreed by consent?

Also, it is unusual that he has remained named on the mortgage for so long. Is there a best endeavours clause to release him and/or any date the property must sell by if you cannot do so? This might be material to how far you get if you took it to court.

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12 Nov 24 #524531 by Kizzwizzfizz
Reply from Kizzwizzfizz
No he hasn't agreed to anything. We don't speak. Our only contact is via email. Which is why I am looking to get the order. However, I took that sentence in the order to mean we haveto agree to who is completing the repair rather than whether he agrees to having the repair done. If he doesn't pay then the house can potentially fall down due to the damage being structural and he is still on the mortgage because I couldn't afford to buy him out until now. So I'm guessing as he's still financially obligated due to still being on the mortgage.

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12 Nov 24 #524532 by Kizzwizzfizz
Reply from Kizzwizzfizz
Hiya, yes this is all agreed in the financial Consent Order. When we divorced I couldn't afford to remortgage in my sole name and I have paid the mortgage on my own the whole time. My mortgage is interest only currently. We do not speak to each other and our only contact is via email. I am now financially in a position to remortgage in my own name and the clause to sell the property is when our daughter reaches 18 which is in 2026. I think the reason the order says he has to contribute to half structural repairs is because he is going to profit from the equity gained over the years I have been doing work on the house which has increased in value. There are other point in the order but that one is the point relevant to the issue I have.

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12 Nov 24 #524533 by Kizzwizzfizz
Reply from Kizzwizzfizz
Sorry just wanted to add. The reason I want to submit the d50k is so I can ask for his half to be taken out of his 30%. Even if he does verbally sgree, it's no guarantee that he will actually give me half with his 30%. So I wanted an order, possibly a charging order, to say that I can get this when I remortgage

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13 Nov 24 - 13 Nov 24 #524549 by WYSPECIAL
Reply from WYSPECIAL
I think you need to read the whole order and maybe even get some clarity on it.

The bit you posted states he is responsible for 50% of the insurance cost. Presumably he pays that annually? The bit about agreeing on structural repairs doesn’t seem to mention who pays.

How much is this repair likely to be and presumably the house can’t be remortgaged without it being done?

Is the plan then when the time comes to deduct his share of the repair cost from his 30% or to get the house valued now and readjust the % figures? Which option is best will depend to a large degree on how much repairs cost and in turn will affect how you fill in the form.
Last edit: 13 Nov 24 by WYSPECIAL.

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