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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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my husband left 9 years ago and signed the house over to me

Resolved Question:

my husband left 9 years ago and signed the house over to me as he didn't want any responsibility .He divorced me 4 years ago and made no financial arrangements is he still entitled to anything?
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.

Hello and thanks for your question.

In theory, there is no time limit on someone making a financial and/or property claim on their ex-spouse after a divorce - but in practice even though he could make a claim, it's very unlikely that the court would award him anything. The whole point of the matrimonial legislation is to ensure that as far as possible neither party suffers any unfair financial effect from the divorce, and that the assets of the marriage are fairly divided between the parties - but if he's managed without making any claim for 9 years, then he can hardly argue that he's in difficulty now as a result of the divorce. Anyway, he wouldn't have any claim against any assets that you'd acquired after the divorce.

In a recent case in 2013, the judge said "the court should not allow either party to a former marriage to be harassed by claims for financial relief which (a) are issued many years after the divorce, and (b) had no real prospect of success".

In a 2007 case. the judge expressed the view that although there was no rigid rule, generally speaking it would be difficult for a party to be allowed to pursue a claim more than six years after the date of the petition, unless there were very good reasons for the delay. I do hope that there are no longer any joint accounts or jointly owned property? Because he would have a claim against those.

I hope this reassures you and I wish you the best of luck.

Thanks and best wishes...

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