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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 995
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My husband divorced his 1st wife about 38 years ago. They

Customer Question

My husband divorced his 1st wife about 38 years ago. They have two children aged 40 and 41. I am his third wife, he had no children with his second wife. We have two children together aged 16 and 13. We own the house we live in and his deceased parents house (he is an only child) which we have a small mortgage on. He did not own a property when he was married to his first wife. His first wife has said that she did not sign a part of the divorce papers which means that she is entitled to his inherited house.
She hasn't worked since she had her children due to a "bad back" has remarried and doesn't own a property. I work full time, as does my husband. He is 61 and would like to retire soon but I am worried that she seems to think if he sells the inherited property she will be entitled (or his elder children) to all of the money?
Complicated, but is any of this possible?
Sent from my iPad
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I clarify:
- both your husband and his first wife have remarried- but they never dealt with the issue of matrimonial finances - is this correct?
- can your husband remember if he petitioned for divorce or if his 1st ex wife did?
Kind Regards
Caroline
Customer: replied 1 year ago.
He did and as far as I am aware they sorted everything out at the time amicably, he would contribute to the children but they lived with his parents.
Customer: replied 1 year ago.
actually they were in council accommodation after the birth of the second child they had a council flat. He left after two years of marriage and moved in with his parents
Customer: replied 1 year ago.
And yes my husband has married twice more (we are still married) and his first wife is remarried.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Then you can rest assured that his 1st ex has no claim.
Claims are extinguished when you marry and therefore as both parties have now remarried then the only way a claim can be made - is if a formal application was made for a financial order before her remarriage. If his ex didn't do this then she cannot make a claim now.
If your husband petitioned for divorce - then he may well have completed the 'Prayer' on the back of this form - stating that he might seek a financial claim against his ex - if he did then he could still technically make a claim against his ex - as he has stated his intention to claim. This doesn't mean that his ex can make a claim against him- she would have had to have issued a formal application and if this was never done by her - then her remarriage bars her from making any claim now.
Kind Regards
Caroline
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Customer: replied 1 year ago.
Brilliant, thank you.
Expert:  ukfamilysolicitor replied 1 year ago.
Your very welcome
Kind Regards
Caroline