divorce and division of assets?

Question

my partner is recently divorced but the assets are still being divided. they have a house which has been on the market for ages which she still lives in mortgage free. he has 10,000 more than her in savings which he has to pay her half of and she is demanding this half now. we have a disabled 6 month old daughter and a huge mortgage along with 2 teenagers from my marriage years ago. if he pays her this money we have no safety net if he becomes sick etc and can't work and would risk losing our house. the court order states that these assets have to be divided but she has already spent money in her sole name but her solicitor is threatening us with court action if we touch his savings. as most of the capital is tied up in the house we want to hold off on dividing these assets until it is sold. she has no children and a good job and i have had to give up work to care for our daughter. we have had to let our solicitor go as we can no longer afford him and we're confused!! what can we do?

i know she's entitled to half, thats all been sorted with the court order. who gets what isn't the problem. its when she gets it. we have no problem with giving her what she is entitled to its just that as all the money is tied up in the house which she is living in. the mortgage is paid on that house but we've had to take out a mortgage because we can't access the capital. if we now divide the remaining assets all our available capital is gone until the house is sold. i think my partner was badly represented by his solicitor as he paid for the house with compensation he recieved from a motorbike accident when he was 17 which was paid for future loss of earning because his leg was smashed to pieces and this was before he got married. but as the divorce is finalised i don't know if we have any recourse there. i want to know if legally we can hold off divided the cash assets until the house is sold. thanks

ps i've left him to sort it out as it is his business and its been hard keeping my mouth shut as i went through all this 10 years ago when i got divorced but we didn't have much in the way of assets to split so the financial side is new to me. mine was mostly about the children. we are getting married next year and i think thats what this is mainly about. she doesn't want him to use his money but he's off work at the moment as a direct result of that accident and we rely a lot on his overtime even though he does get full sick pay.

Answer 1

Girl what a mess you have on your hands. FIrst off all the maital assets should have been split from the day they signed their divorce agreement. I suppose they signed a no contestual agreement? WHen i signed mine we had to split all assets ASAP including the house which thankfully sold in a month but that was also 2 years ago before we hit this damn recession. You should go to the courts and see if they can get you a public defender which is usually paid through the state. Or talk to a lawyer who will take payment when the divorce is finalized. GOod Luck and take care of you and your kids.

Answer 2

Oh no.. what a disaster.. All lthis should have been taken care of before the divorce in a settlement agreement. The house not selling yet is something that might take awhile, but all else should have been divided before the divorce. If the house is mortgage free, is that because there is none on it or because he's paying the mortgage? You didn't say.. She should be paying some kind of rent to him while she lives there waiting for the sale. Or, it should have been left by both and neither lives in it while it's up for sale.. You really need an attorney and without one, he stands to lose alot.. Borrow the money and hire another one.. This is a real mess. Good Luck

Answer 3

Don't talk to the solicittors, might be a good idea to look at that divorce paper again, because she is responsible for her own dept, not the husband or you. Wow what a low life she is. Your partner needs to talk to his lawyer, the ex can scream all she wants, the money will be divided out when everything is said and done.

Answer 4

Sorry to be blunt but Tuff she was is wife and is entitled to half of everything, she can also claim half of any pension he may have. There isn't much you can do without a solicitor, I agree that the money should be left until the house is sold.

Answer 5

you keep saying your partner are you saying you are not married to this partner? well you need to let them work this out apparently this was a problem before you became involved. you need to think very hard on this matter.