5 Years Separated... Still no Divorce! Help :(

[JuicyKaren89]

Hello,

My ex husband and I have been separated for 5 years. Over the past 12 months I've been a bit more firm/taken him through the court process as we've been unable to settle out of court/he refused mediation over the past 4 years of me trying to settle out of court.

We have shared equity in a house and his business, which I supplied the initial payment for him to purchase the lease on a building.

My worry is he is dragging this out and I have just had a mortgage accepted on a property, and my concern is he will state that as we are still not legally divorced he has a claim to the property.

I haven't got a solicitor anymore due to costs spiraling so I am doing all of this myself.

My question is would he be able to have any "claim" on a property, even though we've been separated for 5 years and I've been going through the process now for 12 months?

Or would it make more sense to wait until after the divorce before moving into a property?

Thanks for any help,

Karen

My question is would he be able to have any "claim" on a property, even though we've been separated for 5 years and I've been going through the process now for 12 months?

Possibly, yes.

I'd wait until the divorce is finalised before buying a property myself to be honest, I wouldn't take the risk.

I'm starting divorce proceedings with my ex (separated for just over a year) and my solicitor said he can only claim on things that accrued during our marriage up until we separated. So, I've been saving since we separated and he can't make any claims on that but can make a claim on the pension I built up over our 5 year marriage (again, only up until the date we separated).

I think it will depend on other factors eg how long the marriage is and the overall assets / liabilities. If, when you declare your finances, your new property means that your financial and living situation is significantly better overall and it was a long marriage, it would be included in terms of how equitable the overall position is at the point of divorce. I’d wait re buying a house, but I’d do everything you can do to get it moving - file form A etc. (unless a solicitor tells you differently having looked at the whole picture). The new property would definitely have to be included on your d81 that accompanies the financial consent order so it will be included in terms of a judge’s overall picture of your circumstances.

I mean, the whole reason you are advised to get a financial order is because an ex can make a claim in the future whether you’re divorced or not. You do hear of people successfully claiming on lottery wins etc after a divorce when there’s no order and it’s definitely not part of the marital assets?

Thank you so much for the replies, I may have to cancel the mortgage. I work hard on my own and I don't have a partner and I've managed to get my own house without any divorce settlement/splitting the money which is still in "limbo".

He has a penal notice for skipping court twice and has been told he needs to come to the next one or he could get arrested.

He's also refusing to provide his financials/delay in any way he can.

Thanks again,

K

From what I’ve read/listened to on the subject, I think that some kind of order will be made at the next hearing whether he offers up his information or not - probably in your favour. You will be able to explain your problem with wanting to buy a house but worrying about doing so and how you’ve tried to move on without the settlement. Maybe just hang on until then, sounds like it could go in your favour as he’s had a penal notice - doesn’t look great for him, does it? You can just ask the court to help you to move the situation on. Best of luck!

Yeah I agree with the other commenters that it's not worth the risk and he could make a claim which is why it's recommended to get a clean break so neither party can claim anything financially from the other in the future.
Wishing you the best in your divorce process. I was representing myself so I know how hard it can be to do that. If it helps in any way, use all the resources you can find online, it can really make your life easier. I used this one though so I'll leave it here in case it can help you out a little - https://iamlip.com/