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Original poster

Potential financial claims by ExH

17 replies

NameChangerinDespair · 09/03/2021 00:49

My ExH and I divorced without a financial settlement. He has subsequently re-married and separated. We have a joint house we are at an impasse over selling. My DP won't get married to me till there is no way my ExH can make any financial claim against him. Can anyone advise?

OP posts:
spongedog · 09/03/2021 01:13

Back to court regarding the impasse over selling. You will go through mediation first. Then you can get the clean break. I think your DP seems sensible.

But I am guessing your ex's now ex-w wants some of that house? Nightmare.

Original poster
NameChangerinDespair · 09/03/2021 01:19

No, she wants a clean break ...

My ExH has lots of debts, lost a job worth 70k in the Autumn and the only asset is the hosue, which doesn't have that much equity.

I was wondering if there is a legal way to stop any claim against my DP so we could get married before the hosue gets sorted.

OP posts:
prh47bridge · 09/03/2021 08:55

Your ex cannot make a financial claim against your partner even if you marry. He may be able to make a financial claim against you but there is no basis whatsoever for him to make a claim against your partner.

If he was the respondent in the divorce, he lost the ability to bring a financial claim against you when he remarried, unless he started financial proceedings before that by filing a Form A with the court. Divorcing his current wife will make no difference.

If he was the petitioner, he may still be able to make a financial claim despite the fact he has remarried.

As you have not remarried you can bring a financial claim against him regardless of whether you were the petitioner or the respondent. If you do, that will sort out the situation regarding the house and will ensure that neither of you can bring any future financial claims.

Collaborate · 09/03/2021 09:00

Beware though. If he was the respondent you should be wary about applying for financial remedy in divorce. Get some legal advice. If you apply for a property adjustment order the court can make one in favour of your ex-husband (I think - though I've never come across this in practice so that's just my suspicion).

Soontobe60 · 09/03/2021 09:01

Who lives in the jointly owned house? If it’s you, can you not buy him out?

Original poster
NameChangerinDespair · 09/03/2021 20:45

I was the Respondent. I believe he ticked a box on his application to enable him to make a financial claim after the divorce: I have applied for a copy of the application he made as mine was binned some years back. I have been living there since he left. He stopped paying the mortgage after about a year four years ago. No, I can't afford to buy him out. Recently, the residency of the Children has changed from me to him. He is unemployed as of November but previously on £70k. I went back to work after 11 years and am on £23k.

OP posts:
spongedog · 09/03/2021 23:30

Now you mention children. I am somewhat astonished that a family court let you divorce without a financial settlement being agreed, especially as you were a sahm.

Residency no longer exists. But if he is their primary carer - you really need to be careful. I would move that back to at least 50:50 if you can.

prh47bridge · 09/03/2021 23:36

I believe he ticked a box on his application to enable him to make a financial claim after the divorce

In that case he can still bring a claim against you. As Collaborate says, you need proper legal advice.

TreadSoftlyOnMyDreams · 09/03/2021 23:49

The residency change sounds like he is building up to screwing you over nicely.

How old are your kids?

Trumpety · 10/03/2021 00:21

Why wouldn’t you sell the house if he owns part of it, you can’t afford to buy him out and the children no longer live there? What reason do you have for not releasing his equity to him?

Obviously I’m speaking from a moral standpoint here. Absolutely seek legal advice

Original poster
NameChangerinDespair · 11/03/2021 02:14

No, @Trumpety, he won't agree to a sale.

OP posts:
Original poster
NameChangerinDespair · 11/03/2021 02:15

@TreadSoftlyOnMyDreams I am afraid you are right, and I'm not sure what I can do to avoid it.

(Years?)

OP posts:
Original poster
NameChangerinDespair · 11/03/2021 02:17

@spongedog it was a bitnif a blur: he was keen to move on and I had four under 9s and went back to work FT as he wasn't paying the correct maintenance ... and, re: shared care, I can't, he's in a different City.

OP posts:
Original poster
NameChangerinDespair · 11/03/2021 02:18

@prh47bridge yes, but I need to know if he could bring a claim against DP, if we married.

OP posts:
TreadSoftlyOnMyDreams · 11/03/2021 07:20

So, he's messing you around. He refuses to sell the house (because no equity) but after years of not pulling his weight either financially or with care he's taken the kids with full residency (informally) after sudden unexpected unemployment.

Either he's lining you up to concede the house in it's entirely so you can get married (because DP is well off)
Or DP is so well off he thinks that will play in his favour
Or DP is somehow a risk to his children

You need legal advice. Not Mumsnet I'm sorry.

MyGorramShip · 11/03/2021 07:39

Why have the children moved in with him if you’ve been a SAHM most of their lives and main carer post divorce?

prh47bridge · 11/03/2021 10:07

[quote NameChangerinDespair]@prh47bridge yes, but I need to know if he could bring a claim against DP, if we married.[/quote]
I've already answered that question. He can bring a claim against you. There are no circumstances in which he could bring a claim against your DP, even if you married.

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