Spouse returning to country and house unannounced

[jenniferjane21]

So my brother is divorcing his wife, has the decree nici, all fairly amicable. Soon to be ex DW has been in her home country since December 21 but last night turned up at my brother's house unannounced. Rightly or wrong, he has let her in.

She is saying she is staying in the UK until she gets a diagnosis of ADHD and she won't be signing any more divorce papers until she has her diagnosis.

Now what?!

Well good for her if she suspects your DB is fleecing her, which I assume is the reason for her reluctance to continue with the divorce.

If the decree nisi is through she doesn't need to sign anymore papers he just needs to apply for the absolute

Have they sorted the finance yet though?

Interesting conclusion to jump to 🙄

I'm asking whether he has to have her living with him indefinitely? And what happens if he doesn't want that?

You say your brothers house, is it his or is it their marital home?

It's still her house aswell at the moment

I think you have your answer there OP

Have they financially separated yet? Cleanbreak agreement anything like that?

Is there a financial order in place? Who the house now belongs to once the divorce has gone through depends on what's stated in the financial order.

Yes, financially separated, and yes, the marital home. But the house is in his name and mortgage is in his name. She has only ever worked occasionally and then part time due to mental health issues.

OK, so it's fine for an ex partner to come and go, move in and out of the marital home, without discussion nearly a year into a divorce?

Correction,just checked and the financial side has been agreed but she has not signed off due to her mental health issues. (Or due to being fleeced if that's what you want to believe 🙄)

Assuming it is still technically her house, can she come and go even though she has been living in her home country the last 6 months?

Unless there is an Occupation Order neither party can lock the other party out of the house while the divorce is in process. The decree nisi and the absolute is the process which says that legally, this marriage is cancelled. The Financial Order is the important bit when it comes to the nuts and bolts of dividing any assets.

It's the marital home so yes I'd say legally she can move in.

Erm, is the ADHD dx going to be private?

The adult adhd services are patchy, to say the very least and there are very long waiting lists. Up to 9 years in Liverpool!

Upshot is he needs to speak with his solicitor asap.

AKAIK she can't stop the divorce as for a Nisi to be rescinded both parties need to agree.

The financial aspect is more concerning as even though the house is in his name I'm assuming it's a martial asset if she hasn't signed off the financial settlement and the divorce isn't finalised.

This page might help even if it's re: womens rights.

Upshot is it's a pretty unique situation and the only definite answer you will get is from a solicitor who has all the facts to hand.

You need a solicitor, not a parenting forum!

Sorry link:

rightsofwomen.org.uk/get-information/family-law/marriage-your-rights-to-your-home/

This seems particularly relevant;

"When do home rights end?
Home rights will end when the marriage ends (for example, by divorce) or on the death of either spouse. If the marriage is ended by divorce then the home rights will end on the date of your decree absolute. A decree absolute is an order from the court officially ending the marriage. Please see A guide to divorcece or A guide to dissolving civil partnershipsps for further information."

As stands I think she can apply for home rights as he doesn't have a decree absolute.

But as my pp above he really needs to consult with a solicitor asap.

Simply, yes.

If the Decree Nisi has already been issued, then I think DB can apply for a Decree Absolute without her signing anything else. Has she applied for financial relief ?
This is normally dealt with before the Decree Nisi.

OK, thanks, you've been really helpful.

My brother has managed to get hold of his solicitor who has recommended going for the Absolute.

I'm just amazed she can walk in and out of his life and house like this.

So in summary, if she wants to live there for the next few weeks until Absolute comes through, she can? That's going to be... interesting.

And yes the ADHD diagnosis is going to be private. Apparently she's going to find a job and pay for it :-D

Ex partner probably not
Wife yes.
The house is a marital asset

No idea why people assume she’s being fleeced!

perhaos she’s just taking the piss but no that couldn’t happen could it as she’s a woman 🤔

your brother needs legal advice and crack on with financial consent order

She will be allowed to live there while it is still her home, it doesn’t matter if it’s only in your brothers name or she’s not paid a penny towards the mortgage, legally it’s still half her house. She will be allowed to live there until they reach, and she signs a financial settlement. Is he buying her out of her portion of the house? Has she agreed to nothing from it? It all depends on the financial agreement they have and that she has signed. She can live there for as long as it takes not just until the absolute is issued.

It's her home too until the financial consent order is agreed and signed and (crucially) Approved.
So if course she can live there. Unless there is domestic violence.