My ex put house on sale am I entitled to anything?

[nikkialiya]

Long time lurker first time posting.
I am desperate for some mumsnet expertise. I have been married for 10 years together 15 years. Two children 16 and 10. I have lived in the matrimonial home full time sahm. The house is solely in my ex name. I met him with it however he never lived in it until we got together. We divorce In 2018. I moved out with kids because he refused to move and the situation was becoming very toxic. He is very controlling and looking back he is a text book narcissist. Anyways I have put my myself through school and is now work in my dream job. Kids thriving at school and is in a stable environment. He moved on quickly and moved out the home with his girlfriend....so our home have been renting but no longterm renters ....I am renting and pays twice the mortgage he was paying....I asked him for me and the kids to move back in and I will pay the mortgage and he said no way.....he pays child support but the minimum and I know he can do better....anyways I have just discovered by a friend that he put the house up for sale and is under offer.....
Am I entitled to any proceeds from the sale?
A friend told me to register a matrimonial rights to the property so I can be informed of the sale. But since we have been divorced for so long am I still entitled to anything?
Im waiting for a solicitor to call me back but I feel if there is any action to be taken I need to move fast....please what can I do?

Goshhh didn't intend for it to be this long..hope you read it all and understand it too...my head is about to explode thinking my kids might be losing out somehow .

I have absolutely no idea whether you'd be entitled to anything or not, but as you say you're already divorced I would think that maybe this should have been resolved at that point?
Bumping so someone much more knowledgeable may answer

Did you not do a financial agreement when you got divorced? Normally you do that but first before agreeing to the final divorce

Thank you for responding...when i left I was so depressed I just needed a safe space for my kids..I did not do any financial agreement...

You didn’t do a financial agreement? You need to go see a better solicitor! Is he paying everything he should for child maintenance?

@needingpeace

You didn’t do a financial agreement? You need to go see a better solicitor! Is he paying everything he should for child maintenance?

This was required surely for the divorce. So if done, no. If not done, then you may well have waivered your rights as you were aware of the existence.

I would get urgent legal advice here before the house is sold

It all comes down to if you ticked a box keeping the financial arrangements open. If the box isn't ticked then the matter is closed as soon as the divorce is settled.

A good solicitor will always tell you to tick the box.

If you didn't do finances when you divorced then you could do that now. But you will need a solicitor I would suggest

Is this in the UK? My understanding is a divorce which involves children cannot be finalised without a Judge approving the Order - and one of the things they look at is the finances and if it has all been split correctly.

Sometimes it's called "ancilliary relief"

No discussions re money at the time of the divorce?

This thread should be moved to Legal Matters but in the meantime I would definitely seek your own legal advice. Good luck and well done so far.

If you don’t have consent order you can claim

Doesn’t matter who’s name it is in it’s considered a marital asset for which you are due a fair share. As sahm mum with dependent children this could be greater than 50% of equity and he’ll also need to declare pensions and any other assets of which you are due a share
Register home rights now to stop the sale

See a solicitor!

Seek legal advice. There should have been a financial settlement agreed as part of your divorce which divided the 'marital assets' between you. This would include the house, despite it being in his name.

Just echoing other posters. You need to get all the paper work and seek legal advice.

I would be surprised if there was a financial agreement in the divorce. But you never know.

Depands what you agreed to at the time of the divorce. You must have that document ?.

At the time of the divorce I was fleeing for my safety an the kids. Police were involved. I was very depressed and wasn't thinking straight. It was him who filed for divorce. I remembered receiving the papers and agreed to the divorce...there was another paper about finances but I didnt respond as I was not in the right frame of mind to do it...He did told me just a few months ago that the house is for the kids when their older so this news is a shock to me.He barely sees the kids or spend time with them so no guarantee he will have their best interests at heart...... I

If there is no consent order or court order on finances, and you have not remarried, you can still bring your claims as they lie dormant until dismissed by a court. They survive even after decree absolute.
See a solicitor. You urgently need a restriction placed on the property to prevent a sale whilst your claims are determined. This can be by way of a pending land action if a court application is issued.

As above - please seek legal advice really urgently! Good luck.

You need to see a solicitor asap! The house was a marital asset and it doesn't sound like any financial consent order was signed so you can do it now I think. Please get a solicitor involved.