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Hi
I am currently going through a protracted divorce and we are just at the FDR after 1 year. I am representing myself as a LIP and my ex-wife has a solicitor.
I am currently living in the family home with my mother (Who owns about 50% of it as well) the other 50% belongs to my ex-wife and I. There is no mortgage and there is no realistic prospect of me getting a mortgage due to adverse credit and no employment. We really don't want to sell the home and want to stay here.
I think we aren't too far away in terms of agreeing a settlement figure,but I would like to stay in the family home and have offered to pay me ex her share in a monthly installment for 2 years. Her solicitors have rejected this stating that it would have an adverse effect on her benefits and she needs the money to pay back her legal costs, as the legal aid agency won't accept money being repaid in installments. I have had a quick look into these and believe that both these claims are incorrect and I am being misled by her solicitors. The amount of money she would be receiving wouldn't be enough to purchase a new property, so therefore it would be a lump sum of over £16,000, which would affect her benefits more than a monthly payment? and I am quite sure the legal aid agency take monthly payments, as that is how I am planning to repay them the money I owe them as well, form my legal aid (I had legal aid for the child custody, which is still ongoing)
My question is this, has anyone ever heard of a judge agreeing to allow the divorce settlement to be paid in installments, rather than forcing the sale of the home? (Which is the only asset)
I am currently going through a protracted divorce and we are just at the FDR after 1 year. I am representing myself as a LIP and my ex-wife has a solicitor.
I am currently living in the family home with my mother (Who owns about 50% of it as well) the other 50% belongs to my ex-wife and I. There is no mortgage and there is no realistic prospect of me getting a mortgage due to adverse credit and no employment. We really don't want to sell the home and want to stay here.
I think we aren't too far away in terms of agreeing a settlement figure,but I would like to stay in the family home and have offered to pay me ex her share in a monthly installment for 2 years. Her solicitors have rejected this stating that it would have an adverse effect on her benefits and she needs the money to pay back her legal costs, as the legal aid agency won't accept money being repaid in installments. I have had a quick look into these and believe that both these claims are incorrect and I am being misled by her solicitors. The amount of money she would be receiving wouldn't be enough to purchase a new property, so therefore it would be a lump sum of over £16,000, which would affect her benefits more than a monthly payment? and I am quite sure the legal aid agency take monthly payments, as that is how I am planning to repay them the money I owe them as well, form my legal aid (I had legal aid for the child custody, which is still ongoing)
My question is this, has anyone ever heard of a judge agreeing to allow the divorce settlement to be paid in installments, rather than forcing the sale of the home? (Which is the only asset)
