mom2jesse Posted September 22, 2008 Report Share Posted September 22, 2008 I split up with my husband in July and he has gone back to ireland to live. We have 2 kids and he signed a separation deed leaving me all the contents of the house and the proceeds of the sale which was his idea. We verbally agreed that when the house was sold that I would give him £x amount but this was not specified in the Separation Deed so legally I know I dont have to give him any. My problem is, I have met someone else and they have moved in with me and rather than sell the house we want to take over the mortgage between us which is better for the kids and schools etc and it's a ncie house but it will mean my husband signing a document allowing himself to come off the title deeds but he has become all nasty etc and I think he is going to refuse to sign anything - can he be made to sign ? What he doesnt realise is theres no way the house is going to sell in this current climate as we have had very few people around so the quickest way he is going to get the money I agreed to pay him is by him signing and me and my new partner remortgaging but he is being really difficult - he says he has signed the dovirce papers and sent them back 2 weeks but I still havent recevied them I know mail from Ireland can take a while lol Me thinks this is going be a long drawn out and bumpy road for a while! If there are any legal bod's on here or anyone who has been through what I am going through I would appreciate some advice although I amgoing to contact a solicitior too but would appreciate a heads up if anyone can. Link to comment Share on other sites More sharing options...
ranirottie Posted September 22, 2008 Report Share Posted September 22, 2008 sorry no advice but and hope it works out well for you x Link to comment Share on other sites More sharing options...
purple_mog Posted September 22, 2008 Report Share Posted September 22, 2008 sorry for the short reply - too busy!! - but having gone through the separation thing and suddenly seeing a previously reasonable man get very petty I would strongly suggest that you deal with all this via the solicitors, even though it'll cost money its such a relief not to deal with it yourself. Since there is nothing on the separation deed he has no leg to stand on, and a good solicitor should be able to bargain him into signing over the deed of the house in return for the cash?? Worth remembering though, as I was told, that separation agreements are not always final, and when it comes to getting divorced the judge can if they want overturn them BUT if you did it through lawyers with full financial disclosure and you both took legal advice at the time I was told its very very unlikely to be changed at the actual divorce stage? Fingers crossed for you and lots of Link to comment Share on other sites More sharing options...
mom2jesse Posted September 22, 2008 Author Report Share Posted September 22, 2008 Thanks Purple Mog - I am contacting a solicitior today, I just wondered what the procedure was if he refused to sign anything to d0 with the house - can a court over turn it so I can get his name off the title deeds. Link to comment Share on other sites More sharing options...
Melp Posted September 22, 2008 Report Share Posted September 22, 2008 A court can turn it over but be aware that they can also go the other way and give the house to him [unlikely but possible] or even insist on the property being sold and the proceeds split between you. If you can't agree a "clean break" between you, a court can make a financial settlement on your behalf. It's an absolute nightmare when one person becomes petty or argumentative. Good luck Link to comment Share on other sites More sharing options...
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