Still married - H buying a new house

[Lorelaigilmore88]

My husband is buying a house with his new partner of 1 year. He and I are still legally married but have been seperated for well over a year. He will not cooperate with my divorce application and I am desperate for it to be sorted.

Would this new house be considered a marital asset in terms of our finances?
I don't want any money from him or anything to do with this house. I am asking because he will not progress with the divorce, wont sign anything, refuses to engage with my solicitor etc.

I am thinking that if I remind him that our fiances are shared until we have a divorce and a financial order, that might scare him into cooperating and speeding it up.. or I am talking rubbish.

I rent my house so no property between us.

No it typically wouldn’t, as you’ve been separated a long time and he’s buying with new partner the house would be a non-marital asset but you can absolutely mention it to him to speed things up. Assuming no divorce means no finances sorted out yet although the house itself may not be a marital asset, the savings for the deposit could be.

Hold on a minute... yes, you have been separated for a while but less than 2 years. How long was the marriage?

I would suggest/ hint to H that with no financial order in place, your solicitor will be asking questions about any deposit your H is putting forward for this purchase. If that deposit is from savings during the marriage then that could well be a marital asset.

Buying a new property before the financial order is in place is a tad unwise IMO. You may well be able to use this as leverage @Lorelaigilmore88 to push him into action.

Thank you@CagneyNYPD1 and @Mrsttcno1
We were married for 10 years prior to seperation. We have 2 dcs.

Good point about the deposit.

I also don't think his new partner knows he is still married to me (he's a gem isnt he!) I have never met her and I am loathe to involve myself in anything to do with his new relationship, but I partly feel that she should know that too. I would hope that she would somehow find out.

If he's a co-owner on your current property then it'll be a 2nd home and subject to higher stamp duty won't it?

Given that he hasnt got divorced and isnt cooperating it seems to me to be a very unwise move

I thought that too

The received wisdom is not to buy another property until a Financial Order is in place because of the risk (depending on the circumstances) it could be considered as part of his assets and available for inclusion in the divorce.

And don't forget that his household income increasing by virtue of him living with a new partner could have a bearing on any financial award by the court in your favour.

If you are living alone with the children and he is partnered up his need isn't as great as yours as they have 2 incomes (assuming he's not got himself a fanny lodger).

He's a fucking idiot. Yes I'd tell him that and remind him of the stamp duty and that it may become part of the marital pot (which is exactly what happened when my friend's husband bought with the OW before divorce).

On the other foot - could you be liable for the mortgage debt if he defaults as you are still married? You need to seek advice quickly. He's also deprecating marital assets without your permission by using money for stamp duty, etc - unless a financial agreement (order) has sorted.

Oh wow, what an idiot he is. I'd be very tempted to take him to the cleaners, it's not like you haven't tried to sort this out.

"I rent my house so no property between us."

I mean, it's right there in the OP.

Is/were there any assets? Card? Pensions? Savings?

How long was your marriage?

You don’t need a solicitor OR his cooperation to get divorced. Just apply online and if he doesn’t respond within the specified time, you can progress it.

For the financial order you should just issue Form A and take it to court. It won’t cost you anything if you self represent. If there are no assets and you simply want a clean break, just say so to the court. it’s important that you get a financial order to protect yourself.

Let him know you’ll be including the property as a marital asset. It may spook him enough to get the divorce over the line even if a court wouldn’t rule in your favour. He doesn’t seem very clued up.