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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Too much to a ask?

10 replies

Twopairsofhands · 28/09/2014 18:50

I have been living with my partner for the last 4 years in my owned home, we have decided to move into a bigger property. He sold his marital home and is prepared to put his money into buying a house with me. We are both putting the same amount of cash into our first home together. However, here's the problem.. He is still married to his wife, and no matter how many times I ask him 'when are you likely to start divorce proceedings' it goes unnoticed. I am worried that at some point his wife could ask for half of his assets, which by this time my £100k would be in a joint owned property. Would anyone know of any legal rights?

OP posts:
LineRunner · 28/09/2014 18:52

How did he get to sell the marital home whilst still married?

Karenthetoadslayer · 28/09/2014 18:54

Sorry, I don't know anything about the technicalities, but why ever is he still married? Of course his wife will ask for her fair share of the joint 'his' Confused assets.

Twopairsofhands · 28/09/2014 19:35

They split the assets of the marrial home 50/50 she has brought a property

OP posts:
Diagonally · 28/09/2014 22:18

I have no idea about the legal side but there is no way on this earth I would buy a house which was to be my home with someone who was still married to someone else.

What are his reasons for not getting divorced?

WellWhoKnew · 28/09/2014 23:11

Er, yes - if there is no Financial Order (which there can't be in the absence of a divorce) then, er, yes she can very much claim on his house unless there's a 'Deed of Separation' and this has all be agreed as part of that. But if it's not lodged at court and sealed, then it may not be as 'watertight' as he thinks.

It is not unheard of people claiming Financial Relief years and years after the divorce has been received, because no Financial Order was filed at court.

If I were you, I'd seek independent legal advice and insist that he explains to you exactly what situation his financial arrangements are, given you are buying a house with him.

If it's not legally binding, than any 'agreement' is just as convincing as when the two of them promised til 'death do us part', and look at how well that turned out!

Twopairsofhands · 29/09/2014 08:55

we discussed and agreed to sort out the finances between him and his wife pending a divorce, hence the selling the marital home before proceedings start. By doing this he managed to get 50% of the proceeds.
'Wellwhoknew' that's a great help, thank you.
Again I mentioned to start proceedings last night, I don't want to be in a position of losing everything, only trying to protect our future.

OP posts:
Karenthetoadslayer · 29/09/2014 09:21

By doing this he managed to get 50% of the proceeds

Well done him

Oh it must be so lovely being a righteous OW. Confused

purpleroses · 29/09/2014 09:27

I think she could well have a claim.

And also think that if it matters to you that he's not married to someone else then you'd lose the only leverage you've got off you agree to buy a house together with him still married. No divorce, no new joint home.

Karenthetoadslayer · 29/09/2014 09:28

He may delay divorcebecause she is entitled to a greater share of the joint assets, especially if there are children.

LineRunner · 29/09/2014 09:37

I imagine she can already 'come after' his 50%, as that remains an asset of the marriage.

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