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House bought post seperation with no marital assets, does she have a claim?
#11
(01-10-2017, 10:31 AM)LTCDAD Wrote: Her mum dropping the kid off is her issue... guess you've no desire to have coffee with your ex?

Mediation... focus on what your responsible for ... 3 things... Being a good dad via your custody (you have it if you have PR), contact (you have it now), paying maintenance (not an ex on this earth is not asking for more than the law says is entitled to).

You only need an argument if you want something to change and remember you do not have to defend your life decisions to her.

To be honest I wish the hostility and animosity would have gone by now. I have a great relationship with the mother of my eldest so I can see how it could be. I do understand it takes time but it feels like we separated last month not almost 2 years ago. I have moved on so far as to find it strange I was ever with her.

I still get nervous with every email she sends, what's coming next? To have fought so hard just to get to see my youngest, false accusation after false accusation. I was lucky in that every single organisation saw through her. Even her barrister walked out on her during the final hearing.

Sometimes it takes coming here to find some strength in my position again! :-)

I guess I am trying to show her that taking the financial matters to court are fruitless, that the house is not a marital asset and even if it were she would get nothing. That being said I will fight it all the way if I have too.
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#12
I know how you feel exactly... I've sort of accepted that i've got a 15 year battle whether i want it or not...

My friend once described my ex as a 'Daily Newspaper" .... a new issue everyday!
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#13
Hi new to the forum , thanks for the add.

Can I jump on this thread with my situation, or do I need a new threat.

got questions about property with new partner ex - not married 2 kids always sniffing about, trying to get at anything we have.
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#14
Ha! Loving the daily newspaper analogy.

LAR, I am more than happy for you to jump on this thread. A quick update from me:

I sought legal advice yesterday and my solicitor confirmed that the house is not considered to be a marital asset. It was purchased with non-marital monies, the mortgage has been paid solely by me and we didn't live there (she hasn't even set foot in the house). More importantly, the house was bought with the intention for me to live there post separation, there was no intention of it ever being the marital home.

I am seeking to drop mediation as it is now costing me £171 a time and my wife will only agree to shuttle (we are in separate rooms and the mediator runs between the two). It amounts to not a lot being sorted out.

I'm hopeful she will see some sense in the black and white of the figures and legal advice and that we are able to sort this out without going to court. We shall see!

Thanks for the advice all!
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#15
Pleased to hear it!!

LAR, i'd start your own thread, that way the advice doesn't get jumbled up.

Every case is slightly different, so its good to have a separate thread for each one.
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#16
ADTR_2014 - great news, allows you to plan you future without the stress of her trying to get the house

Well done
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#17
(01-17-2017, 08:30 AM)ADTR_2014 Wrote: I sought legal advice yesterday and my solicitor confirmed that the house is not considered to be a marital asset. It was purchased with non-marital monies, the mortgage has been paid solely by me and we didn't live there (she hasn't even set foot in the house). More importantly, the house was bought with the intention for me to live there post separation, there was no intention of it ever being the marital home.

This has done me a favour, as I am in the same position and wanted to know this.  Will be buying a property of my own and wanted to know what rights she had over it.

If you are in the London/Essex area I would buy you a beer  Big Grin
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#18
(01-17-2017, 09:22 AM)StartingLifeAgain Wrote: Pleased to hear it!!

LAR, i'd start your own thread, that way the advice doesn't get jumbled up.

Every case is slightly different, so its good to have a separate thread for each one.

  might do, cheers. been on the phone to Cms every day this week with something new-   now wanting to force me to pay via them and give bank details, is there any threads advising on this anywhere?
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#19
Quick update.

I emailed saying that I was no longer willing to mediate, that I was more than happy to talk about anything to do with the welfare and well-being of the child and that I believe we need to start communicating for their benefit and finally that as far as the financial aspect of the divorce was concerned I would be seek to get a clean break order, she keeps her pension, I don't have one and that my solicitor had advised me that my house is not considered to be a marital asset.

Since receiving the email she has told me that she has reported me to child services for continued emotional and financial abuse and the going to stop all contact despite there being a water tight contact order in place. She actually said that I would need to take her to court to enforce it.

:-(

I'm absolutely gutted.
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#20
(01-21-2017, 02:19 PM)ADTR_2014 Wrote: Quick update.

I emailed saying that I was no longer willing to mediate, that I was more than happy to talk about anything to do with the welfare and well-being of the child and that I believe we need to start communicating for their benefit and finally that as far as the financial aspect of the divorce was concerned I would be seek to get a clean break order, she keeps her pension, I don't have one and that my solicitor had advised me that my house is not considered to be a marital asset.

Since receiving the email she has told me that she has reported me to child services for continued emotional and financial abuse and the going to stop all contact despite there being a water tight contact order in place. She actually said that I would need to take her to court to enforce it.

:-(

I'm absolutely gutted.

While you have a Solicitor in place, seek their opinion on this, but my view on it is to respond to her stating

a, You dispute any emotional abuse has taken place. In law even if it did, and shes claiming it was on her, it has no legal bearing on the Child's Right to Quality Time with BOTH parents. To get a None Molestation their has to be intent to cause distress or harassment, and you was simply in your last communication responding to hers. If she is saying your abusing the child to the court, then you intend to have it set down for a "Finding of Fact", where she must prove it or the Judge can not consider it.

b, That is is her who is trying to take financial advantage of you, but setting out what she wants to be far in excess of what is reasonable. It brings into question if her reason for wanting to stop contact is to obtain more Child Support, as the staying contact reduces the amount you pay.

c, That the first time the terms of any court order are not followed, you will be fling a form C79 to enforce the order, and you will have to then consider contesting Residence due to the impact her not following a Court Order will have on your child.

If Social Services do make contact, inform them that you believe its a malicious claim, financially motivated by her.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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