dirvoce and the matrimonial home

[bamidele09]

my husband walked out on me and my then 4yr old daughter 6yrs ago. I have kept the mortagage , maintance of my daughter on my own for the last 6yrs. He has not contributed to anything since he left. our 'nisi was granted in Sept . the decree absolute' is now due and he wont sign until i agree in writting to give him 1/2 the house. Is he entitled to 1/2 or not?

[funnywebsite]

Don't sign anything without taking legal advice. You are best going to the citizens advice bureau. It is a shame you let him get away with the past 6 years without paying maintenance. Obviously it is not always easy to get blood out of a stone. Court fees won't be cheap but good luck. If you are not moving house then he can't get his half. The court should make him pay maintenance as she is only 10 years old.

[lady_p_gold]

Did you get to the 'nisi' stage without any legal representation ? You really need to get everything drawn up and pretty sharpish as you need to get a proper settlement for the future. He may well be entitled to something, but the division of all the matrimonial assets and liabilities is something that either has to be agreed between you, or sorted out by a solicitor. What is happening about pensions, furniture, maintainance ... all those things should be sorted out and you have young children to consider. Get some advice from the CAB urgently or from a free solicitor consultation.

[stanleyman]

I think you need to mention the Child Support Agency if he is paying no maintenance at all and claim back six years worth of maintenance for you and your child. The house does not need to be sold until your child is at least sixteen in any event. You may need to let the court decide what your ex is entitled to and in the circumstances I bet you come off a lot better than him. Don't give in unless he agrees in writing to pay back all maintenance plus the mortgage payments plus future maintenance but really this should all be done through a court order to avoid the risk of him backing out.

[DirtyHabit]

Get legal advise...Now
Can you prove, for example that he did not call around each payday and leave you a sum of money in cash? What if he removed say �100 from a cash machine every week and could prove it with bank statements. There are lots of dirty tricks used in divorce.......I could write a book!!! Don't sign anything without legal advise.