Did you havesolicitors when you made the agreement?
Is it subject toany court order?
What has changedin the last 18 months?
What is theaddition you have referred to?
Thank you for answering.
My ex had a solicitor i did not.
I'm unsure what you mean by court orders but I signed an agreement as part of the divorce that they could all live in my house until my daughter was 20 (1st May 2015) and I was to pay £100 a month in respect of the children until May 2013.
The addition I refer to is my new baby son with my new partner, apart from my livelihood being under considerable threat that is the only change for me. My ex is now in full time employment, my son who also lives there is now employed too.
The deeds only have my name on them although we were married which I believe renders this negligible.
The situation is striking me as more unfair as the months pass and I struggle to stay afloat whilst I have a house elsewhere. I am proud to have provided for them while I could but my new family are under real threat of running out of funds.
Many thanks for your attention. :-)
You were married,so it is indeed irrelevant that your name only as on the deeds.
As you did nothave a solicitor, it may assist you in proving that you signed the agreementwithout knowing what you were doing without taking proper advice.
Usually, incircumstances like this, your ex would live in the house until the childrenwere 18 and then it would be sold. You appear to have given away an extra twoyears without realising.
I don'tknow whether the agreement was ever sealed by the court or not.
If it was sealedinto a court order, you need to make an application to vary it.
If it was not, youneed to tell your ex that you want the house sold and that if she does notagree, you will apply to court for an order that the house is sold on the basisthat you signed the original agreement, you did not know what you were doingas you had no advice.
This is not a doit yourself job and you would be well advised to get a solicitor to deal withthis for you. It will stop you making the same mistakes you made in 2011.
Although you wouldonly married for a short time, you will have been together for over 20 yearsand therefore the chances are that the assets split 50-50 at best in yourfavour.
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Thanks for your further answers. Couple more points from me and I will be satisfied as I am with your respones thus far.
We were married for 16.5 years (bearing in mind the delay before divorce after I left) and lived together for 16 does that make any difference?
I allowed them the extra 2 years a) to assist my children by giving them more time to establish themselves and b) as part of a concession to my ex so she would not attempt a 75/25 settlement in her favour.
I specifically want to know your opinion and rate my chances of getting the agreement altered more in my favour given my change in circumstances and the seeming unfairness of the situation. This was my initial question after all! Are there precedents that suggest I have a racing chance?
Many thanks for your time, I think your answer/opinion on these will see me very satisifed with your service. :-)
No problem. The slightly differenttimescale doesn't make any difference.
I get the impression from what you havesaid you were put under pressure, either give another two years, all we willask the court for 75%.
I think it unlikely that she would getthat much. Possibly 60% maximum but as the children were almost 18 forced, I thinkit more likely to be 5050.
I don't think it is ano-hoper, although probably 50-50. It depends whether you like, even on or not.
Many thanks, XXXXX XXXXX reflection I may apply to the courts to see if I can get a change or two to help ensure my new family's comfort and redress the unfairness. Good scheme?
Yours with respect,
I am glad to help.
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If you don't rate it positively, then the site keep your deposit and I get 0for my time. It is imperative that you give my answer a positive rating. Itdoesn't give me "a pat on the head", "good boy" (like ebay), it is mylivelihood!