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Hi all,
My partners ex has applied for a financial order so that can start sorting the money side of things out. They have been going through the courts for a child arrangement order too and this has just about finished.
They part own part rented a property together and were not married. They own 25% of the property the rest is housing association. My partner was paying all the mortgage and rent until well after he left the family home but since she started asking for the maintenance payments through the CMS he now just pays her the one amount that they request.
She keeps on stating that 'she won't go after his pension etc' if he just signs the property over to her and takes nothing. Apparently that's the manly thing to do in her opinion!
He was originally renting a room but now rents his own flat as he is having his children regularly now the child arrangement order is in place.
They have had there initial financial meeting and had to exchange all bank statements etc. At this meeting the judge asked her what it was she wanted and her response was that the judge decided on a fair amount she should have to pay my partner off of the property. The judge went on to say it isn't his choice as its what she can afford and to seek professional advice. (Neither have solicitors) he basically made out that he was just there to mediate between them coming to a financial agreement.
My questions are. Can she go after his pension etc as they were never married ?
Can she try and obtain an occupation order so he gets nothing until the youngest is 18?
And what exactly can the judge do if he can't decide on a fair figure for her to pay my partner out with?
I have tried to explain to my partner that I believe it'll be down to the mortgage company allowing her to take over the entire mortgage whilst borrowing extra to pay him off and that'll be based on her income. She doesn't work very many hours and claims benefits to get a reduced rent now on that part of the property, so if she can't borrow enough to take on the mortgage can he make her sell the property to sort it all out?
I appreciate its a lot of questions so sorry in advance.
Hi
I don't think she can go after his pension if they weren't married or in a civil partnership, but she might get a greater share of the property to provide more for the childen, but it depends on the child arrangement order. I would say that it's worth seeking legal advice, even if not using a solicitor to take it forward, as I think professional legal advice could save him a lot in the long run.
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