FMH

[capa]

A few questions I'm pondering prior to my final financial hearing, the FMH is in my sole name only, no sight of stbx's finances, this is well documented by me , however, will it be worth asking ,via solicitor the following

• Request photos/statement of the current condition of my house that the ex is living in.
• To be included in the final financial order that stbx is financially responsible for the maintenance and upkeep of the property.
• If the stbx retains my property does that make me a landlord or am I exempt from this and only responsible for paying the mortgage.

 

[autisticdad]

A few questions I'm pondering prior to my final financial hearing, the FMH is in my sole name only, no sight of stbx's finances, this is well documented by me , however, will it be worth asking ,via solicitor the following

• Request photos/statement of the current condition of my house that the ex is living in.
• To be included in the final financial order that stbx is financially responsible for the maintenance and upkeep of the property.
• If the stbx retains my property does that make me a landlord or am I exempt from this and only responsible for paying the mortgage.

• To be included in the final financial order that stbx is financially responsible for the maintenance and upkeep of the property.

This can be included as ancillary orders but depending on your financial situation and hers, the court could ask you to pay for the maintenance and upkeep costs.

If the stbx retains my property does that make me a landlord or am I exempt from this and only responsible for paying the mortgage.

You should be able to ask her to contribute to the property mortgage.

Alternatively, depending on your marital status and ownership terms of the property you can charge her 'occupation rent'.
This article explains 'occupation rent' :
https://www.culverlaw.co.uk/news/occupation-rent-what-is-it-and-is-it-always-payable

Occupation rent in the wake of Ali v Khatib & Ors [2022]

In this article, we examine one such legal principle highly relevant in these situations: a discretionary remedy called occupation rent.

www.birketts.co.uk

Basically, you could ask the court to determine that both of you have equitable interests in the property and that you are being 'excluded' from the property (by the separation) then you should be compensated for it.

Quoting:

A party who intends to make a claim for occupation rent will need to demonstrate something more. They will need to show that it would be just and equitable for them to be awarded payment from their co-owner for their use and occupation of the property. Any examples of evidence to support a claim for occupation rent should focus on the behaviour, in particular the unreasonableness, of the person in occupation.

When considering such a claim, the question for the Court to decide is what would be fair when considering and weighing up all the facts of the individual case.

One such circumstance the Court may consider material is whether the occupier has paid for all of the expenses of running the house whilst in occupation of the same. For example, have they paid the gas, water, electric and council tax?

If so, it may be arguable that their occupation has saved the estate from having to meet such expenditure (albeit that the amount used would be less with an empty property). The same could be said about insurance, as an occupied property is often easier and cheaper to insure as they pose less of a risk, when compared with a vacant property.

Also your ability to collect occupation rent depends on whether you were forced to leave (statutory remedy exists) or you left the property voluntarily (only equitable remedy exists).

The statutory regime for occupational rent is found in section 18B of the Property (Relationships) Act. This section gives the court the discretion to award occupational rent as compensation to someone who has made contributions to a family home after separation

Equitable remedy is under TOLATA 1996.

But the remedy for the payment of occupation rent is discretionary. Where one party has remained in the property with the children, it may be unlikely, for instance, that the excluded party would establish an entitlement to an occupation rent against the party who remains with the children.

You would have to demonstrate why it would be 'unfair' / 'unconscionable' to not ask your stbx to contribute to the upkeep; the 'balance of harm' test comes to mind.

 

[autisticdad]

Please ignore the reference to section 18B of the Property (Relationships) Act, I got confused with NZ law here.
Equitable ownership through equitable accounting under TOLATA 1996 is the way to stake a claim for occupation rent.

Occupational Rent | SAM Conveyancing

Can you get occupational rent? Are you liable to pay it? Read our guide on everything you may need to know.

www.samconveyancing.co.uk

Occupation rent

When can a non occupying beneficial owner of a domestic property claim compensation from the occupying party? We look at occupation rent here.

www.blakemorgan.co.uk

 

[capa]

After a chat with my solicitor, I've been advised to offer a 60/40 split if the house is ordered to be sold, now this is against the offer I was initially proposing of the stbx getting all net amount after house sold to reduce pension sharing, now solicitor said its inevitable I will end up doing that regardless of the offer I put forward but the whole idea is to give her full amount to avoid pension sharing, and advice regarding this ,I know I'm going to have to concede in the financials but I'm desperatley.trying to protect pension as much as I can or concede as little as possible.

 

[Nd123a]

After a chat with my solicitor, I've been advised to offer a 60/40 split if the house is ordered to be sold, now this is against the offer I was initially proposing of the stbx getting all net amount after house sold to reduce pension sharing, now solicitor said its inevitable I will end up doing that regardless of the offer I put forward but the whole idea is to give her full amount to avoid pension sharing, and advice regarding this ,I know I'm going to have to concede in the financials but I'm desperatley.trying to protect pension as much as I can or concede as little as possible.

Good luck were all being scammed