Can my ex husband do this?

[Chebs]

Hello all.

After a financially, emotionally and mentally abusive 5 year marriage (15 yrs together, I 14 Yr old child) my ex and I divorced in November 2020. No court orders or financial orders, everything was split as equally 50/50 as possible.

Our marital home was (stupidly) purchased jointly in 2006, and in 2020 had only 1-2% equity in it. He wanted out of the mortgage as quickly as possible and paid half for a few months before he decided he didn't want to. We agreed that if this were the case that when I remortgaged he would not be entitled to any equity. He signed off the deeds and I now own the property alone.

He wants to now separate legally financially and is threatening to take 50% of the equity of the home, which has around 20% equity in it now that I have invested in refurbishments etc. Can he actually do this? I am so shaken, and worry that this is the last financial tie he has to me.

If anyone legal or with previous experience could share or advise please I would really appreciate it.

I am not legal, but from my own experience it will all depend on the other assets - pension etc.

Are you divorced or not? I'm not clear from your post

Surely it would be the equity in the property at that time as in the time he took his name off the deeds? I'm not sure?

Was anything put in writing at the time in 2020? A text an email anything?

Was the agreement in writing and signed on a legal document? If not then I don’t think you have a leg to stand on as it would just be your word against his.

It's not just your house that might be considered ... has he got any assets?

Even if you own the whole property it’s still a marital asset isn’t it, so he would still be entitled to half. He kind of screwed you over but not really, the built up equity is a bonus for you as well as him so I don’t think I’d look at this in a negative light.

Are you formally divorced (you said there are no court orders)

You need a solicitor, especially if there was no formal financial settlement

Poor advice if a solicitor didn't insist on a financial settlement when you divorced.

Divorce can still happen but you are still financially linked and can claim off one another at a later date.. . Which is what's happened here.

My solicitor was adamant that my XH and l had a Consent Order so we XH had no rights to any of my future money

He’s not entitled to half. he’s entitled to a fair share - no one here can tell you best they is

but as you are not financially severed by consent order done at time of divorce then you do both still have claims to a fair settlement

yiu need a solicitor and a clean break order

If there has been no financial order, he is entitled to make a claim against you provided he has not remarried. That doesn't mean he will be entitled to 50% of the equity in the house, but he may be entitled to some of it.

Make sure you can evidence the investment, home improvements, we’re made after you divorced and that following remortgage you alone have paid the mortgage.

As a pp stated your solicitor has let you down by not explaining the importance of a financial order. Note,: Remember pensions form part of the financial settlement.

You should be able to reduce his share if you can evidence what you've spent on refurb and paying all the mortgage etc.

He maybe entitled to 50% of the equity that existed prior to your divorce, but he has no claim on assets accrued since then. Speak to a lawyer and get the parasite removed permanently.

Not necessarily true. That's why people are advised to sort finances officially when divorcing OP does need to speak to a solicitor though.

I'm so sorry to have taken a while to come back, and thank you to everyone who has responded xx

To answer some questions:
Yes we are divorced - decree absolute came in Nov 2020.
All assets were split between us (ie you have that car in your name, I'll take this one)
All debt was refinanced separately/individually in an agreed % split. There is nothing jointly paid.
The reason he took no equity is because his "share" at that time equated to about £1500 and he would rather have signed it over to me on remortgage to be free of the mortgage whilst our son was at home.

I feel utterly idiotic at not going formally through solicitors. Everything was done between us, some basic separation agreements in writing is all I have.

I have booked an appointment with a solicitor in a couple of weeks - £350+ vat 😧

I'm so nervous.

Did he sign the house over to you so only your name is on the deeds, and if so was that before or after your divorce? If he signed it over to you after your divorce I can’t see that he has any comeback.

Hello LadyGardener.
He signed the house over to me after the divorce, only my name is on the deeds and the mortgage and have been since about May of last year.

I hate that he still has control over me. Over my life and my choices 😥

Not true.

The OP needs a (financial) consent order.

It's odd to fight for so little assets as more would be spent in solicitors fees but it appears some people will fight for anything.

There are plenty of cases showing what happens if you don't have one e.g. lottery winners, making a mint from business.

While in most of the cases in the press it's been men who have been penalised for not sorting one out I know women who have, plus as more women make their own money and there are more female judges the balance will tip.

I think you ll be fine, try not to worry. The intent was there when he signed it over,he'll have had to have taken legal advice ( his problem if he didn't as long as we was in sound mind etc) There was 100 000 equity almost when my ex transferred the house to me and that was before the divorce or financial order. My sol. said it showed intent