Marital separation and family home advice?

calerbass

Hi folks, could anyone give their opinion on what might become of my soon to be ex wife and i family home.
Im in a process now of over two years of trying to reach a settlement outside of court with her to gain my share of what half my equity in the family home would be but i am taking a good deal less in order to facilitate an agreement.

Their is no children from the marriage, just me and her.

She has accepted full responsibility for the marriage breakdown.

She admitted to the solicitor representing her well before i instigated legal proceedings that she was to blame because he gave her various leaflets on counselling services which i refused to engage in.

Their is quite a bit off equity in the property, on last valuation, the equity was half what the house was valued at.

Is it true one of the criteria a judge uses before ordering a house to be sold is that their is enough equity left for both parties to restart, and also my solicitor told me that the judge will look for all the evidence that every attempt was made to settle out of court, which they tell me the judge wont have any complaints with me as i have bent over backwards to get an agreement.

We had agreed a settlement, when suddenly she wanted an agreement to protect her pension, ie a court order.My legal advice is that the deal should have went ahead as the money i would get from my entitlement of her pension would be small, she was also offered a letter of waiver but she refused.
I think the attitude now is i have you in the palm of my hand and im desperate for money, ha, but now she stands to lose all over a few bob pension. So can i be confident the house will be ordered to be sold

Tom Young

I am sorry for your troubles. We don't allow legal advice here particularly in instances where there is a tendency for people to rely on matters which inexperienced posters or contributors may proffer from time-to-time.

Family Law matters are far from clear. The concept of clean break does not exist and the litigation process is what I would describe as turbulent and fairly uncertain.

Follow the course you are taking with your professional legal advisors.

Tom