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Category: Family Law
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Second opinion] I have a question about financial order. The

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second opinion] Hi
I have a question about financial order. The ex has taken me to court for a financial order. The house is on his name and he wants it sold and his share from it. I have two children and I wish to stay in the same house as it kids home and close to their school. I would like to know what my rights are according to law. What are the percentages of settlement that can be achieved, given that I have the children living with me.
Ex has a pension which is more than the mortgage remaining on the house. What is the law on pensions. I don’t have a pension nor have I been employment since I was married. I would really appreciate any guidance that I may get over the matter.Thanks

Hi Rabia, thanks for the question.  I’m Chris and I’m a Solicitor in family matters. I will be happy to assist you and hope to provide a full response as quickly as possible.

This is a question and answer service rather than an instant chat service, and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can.

This question brings with it different answers depending on the detail. It’s not always a simple answer which can see dealt with in a few messages.  Ideally I would like to speak with you about this although I appreciate that is a premium service with additional cost. If you would like to do that, please let me know. If not, I understand, and we can deal with it in this forum as far as we are able. Many thanks.

Customer: replied 16 days ago.
Thank you very much for getting back to me.I appreciate it’s a complicated question and does not have a clear cut solution or answer that could be provided. And speaking with you would be probably a better option.
However, I am not able to commit to the additional charges for the premium service. Therefore, I would really appreciate if you could please address my query via this forum to the extent that it is possible to do so.
Many thanks *****
Customer: replied 16 days ago.
Here’s some of the background information containing factual details of finances if it would help.We have had the first hearing where the form E have been submitted. The house has been valued at £115,000 and the outstanding mortgage is approximately £65,000.
I do not have any assets apart from
The car and a set of gold bangles which are worth £900. I have declared all bank accounts and all finances to court. He was not complying to provide his pension details to begin with but now has been forced to disclose and his pension has been confirmed at £66,000.
I have limited earning capacity at present due to having fulltime care of the children and due to having no support network here in Birmingham. I am originally from Scotland and only had to move here due to ex
Customer: replied 16 days ago.
He is wanting for the house to be sold, however my position is to stay in the house as it’s my children’s home and it’s walking distance from the school. And that was one of the reasons for buying this house. The entire funds for which were paid by myself via my savings from when I worked. At the time of the purchase of the house in 2015 he did not contribute a single penny towards it. However, after we moved in he paid the mortgage as I was not in employment and was a full-time career for our two small children. He paid monthly mortgage for a period of four years and 4 or 5 months. I don’t have exact figures as he took all paperwork away with him when he moved out. Monthly payments for this duration were £320.23 per calendar month
Customer: replied 16 days ago.
Thank you very much I hope you may be able to advise me and provide some clarity.

Thanks for this information. Just a few questions. What’s the length of the Marriage? The ages of the children? The ages of you and your husband?

What’s his income? You mention full time care of the children. Does that mean you don’t work? What’s your income and from where (eg benefits)? Many thanks.

Customer: replied 16 days ago.
We were married in 2009 in Pakistan. He came here on spousal visa. My son is 10 and my daughter is 8.
I am 42 and he is 40.He works for barclays his annual income is 22k I believe although I don’t know exactly.At the moment I don’t work and my sole income is from universal credits. I am hoping to return to work by September once all the court matters have been concluded.Due to not having any support network in Birmingham it is very difficult for me to work full time as childcare costs would be quite substantial.Thanks

Thanks for this. My general overview would be as follows. I don’t think you necessarily get any of his pension, unless you make a suggestion to the court that you needs are such that you do need some of that. The fund is too small.  I think it will be offset against more capital of the property. Bearing in mind you have the two children and you have limited earning capacity at the moment. I would suggest there is not sufficient equity in here to meet either of your needs at this stage. My view would be that you’d stay in the property, the children would stay with you, this property would not need to be sold until the youngest is 18 or finishing full-time education. At that point the house has got to be sold or you buy him out and it’s transferred to you. I think that the split would be in the region of 65/35 or 70/30. You would obviously need to continue paying the mortgage and the bills et cetera. Your indemnify him so that if the mortgage company came after him because you didn’t pay he can make a claim against you.

Customer: replied 15 days ago.
What do you mean that the pension would be offset against capital in house.

You might get more from the house than having any of his pension.

The answer to these matters will depend on the Judge on the day.  You might go before 2 different judges and get 2 different answers.  If you are wanting some of his pension, then you would ask the court for this.  However, if you received half, the reality is that this will not yield you a large return month on month when you retire.  The court will be minded to ensure the children as priority.  If your husband also has to wait until the youngest is 18 or ending full time education then the court will consider giving him 'credit' for waiting for that long period of time and therefore reflect this in the outcome.  It could be the court goes as far as 80/20 in the house. Unfortunately, these matters are never easy and I appreciate how difficult it is for you.

I hope I’ve provided the information you were seeking? If you need more help, please let me know so l can continue to assist you. Otherwise, thank you for using JustAnswer. All the best and hope there is a favourable outcome for you.

Customer: replied 15 days ago.
it’s incredibly difficult situation for me. As I am really concerned about re-housing the kids if the court orders to sell the house.

I can only imagine. I hope it settles before the court has to make a decision.

ChrisB4147 and other Family Law Specialists are ready to help you
Customer: replied 15 days ago.
I hope so too.Many thanks for your help