What does this mean...?

[tropicalshores]

If husband and wife are separated and during the divorce process the husband signs to say he doesn't intend to make any claims against wife for any Financial Orders (because he is thinking there are no claims or financial issues to sort kidt the marital home)... the divorce goes through but the marital home still hadn't sold (it is in joint names).

The husband then remarries.. how does that affect his entitlement to HIS half of the house after signing to say he doesn't intend to make any claims again wife for Financial Orders. Does that include the house? Does that mean that the ex wife could potentially keep the whole house?

My understanding is that he still owns his half of the house (assuming joint tenants) but he cannot bring any claims against the wife for more than his share.

Is the house held as joint tenants? If it’s held as tenants in common and he does, he could say his share goes to his new wife. If it’s held as joint tenants and the first wife dies, the husband would automatically get the house.

Thanks for your response. It's joint tenants so sounds like he is still entitled to claim for his share of the joint property.

I’d hang on for one of the boards solicitors to confirm. He can’t “claim” as such (except perhaps through TOLATA) but his share remains his share until the wife successfully makes a claim against any equity he holds.

If it’s an interest only mortgage with no deposit and only unearned equity, the situation may be more straightforward than if it’s a repayment mortgage that only the wife has been paying or significant differences in deposit.

Thanks there's no mortgage on the house.

If he was the petitioner he can still apply for a financial remedy order. If she was the petitioner he can no longer apply for such an order, but of course he remains a joint owner. She of course could apply in that scenario.