Can STBX get hold of the profit in my house?

[PasturesN3w]

As soon as we separated we sold and I bought a property. I borrowed money to renovate the new pace and it's now worth quite a bit more than I paid for it. We have gone 50-50 on the divorce settlement, me getting more house but very much less assets.

We've had the Nisi but the big D has not happened yet.

My question is: I want to sell again. Would the STBX have any legitimate claim on the profit? I cannot find anything about it online and my Solicitor thinks it's very unlikely, but won't stake their rep on it. This is my asset, it is me who's worked to add value (with borrowed money), it's equivalent to earnings, so I am assuming the profit's inaccessible. But my STBX is obsessed with money; feels100% entitled to anything of mine and has tried to add clauses to the consent order enabling claims on my property if I did X or Y. I would not put it past the old f3cr to have a go.

Honestly, I'd wait until the divorce was finalised before I made any big financial decisions.

I really wouldn’t sell until the divorce is final. Just in case.

He'd have a moderately strong argument to a claim on it whether you sell or not. Until you have a financial settlement agreed by the court you're pretty much vulnerable to a claim on any part of your finances unfortunately. Try to get your clean break order as soon as you can.

Of course they won’t “stake their rep” on it - because legally yes, he can make a claim. Whether that gets him very far - depends on the judge. But he’s certainly entitled to consider that a marital asset, because you’re married.

I bought before the nisi. My solicitor was clear that it was against her recommendation. I asked her to provide a letter for my STBXH to sign to say that the purchase was to enable a physical separation to the benefit of us both, and he agreed that the value of the house should be excluded from any consideration in the CO.

But... by this point we’d agreed our asset split without acrimony and were only waiting for it to be rubber stamped.

PS
The house purchase and all asset splits have been agreed in the Consent Order (which forms the 50-50 split) and is now lodged with the courts. Can someone still contest an agreed Consent Order once it's out of Solicitors hands based on the above?

You’re supposed to detail on the CO application any significant changes that you are aware of in near future.

Yes Cocomarine but it was unforeseeable that I now need to move nearer to new work. I bought the place based on the needs of me and the DC's at the time, that's changed; life happens. Can anyone say exactly where they'll be after divorce, it changes you and your needs considerably.

It is probably better to wait I realise, but it seems odd that a spouse can potentially claim on something that's already been agreed; but now there's a surplus (due to their STBX's loan and elbow-grease) it somehow entitles them. Isn't it equivalent to income? If the X had a pay rise suddenly, could I claim on that after Nisi?

If your ex gets a pay rise, and you get spousal maintenance then yes, you might have a claim. You'd automatically get more child maintenance.

It's very counter intuitive and odd law, but there you go. Until you have the consent order approved it's still all open to claims. No saying who would win though.

But you’re not saying where you’ll be after divorce. You are not divorced!
This potential house sale isn’t an unexpected event some time down the line.
This is a sale that you are planning when the ink isn’t dry on the CO, let alone it having been issued. You’re only at nisi stage!
Don’t shoot the messenger - I’m not making a moral judgment here!
You are supposed to advise on the CO of any potential significant changes - if you don’t, it can be retrospectively challenged, even though a CO should be final.
I am not a divorce solicitor, but I wouldn’t be surprised if changes that happen before the CO is issued, are ones that the other party could use as a basis for challenge.