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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2830
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Good morning, I have been divorced a year and we

Resolved Question:

Good morning,
I have been divorced for over a year and we have just sold our house, the house is in my name and she also has a new husband.
We have have a 5yr old son together and she is trying take all the profit in the house and saying she is entitled to it because of our son.
As far as I am aware because she didn't fight or mention the house in the divorce settlement I can give her what I think is fair or does she have rights I don't know about.
your advice is much appeciated
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. I am a qualified family solicitor.
I would require a bit more information - was there a court approved settlement regarding the finances?
Customer: replied 1 year ago.
Hi, we just got divorced there was no settlement discussed, she didn't fight for anything and no finances were discussed in regards ***** *****
kind Regards
ben
Expert:  Harris replied 1 year ago.
Thank you for the confirmation.
The Decree Absolute (final order of divorce) does not extinguish both your rights in relation to the matrimonial finances - it only affects inheritance rights if either of you were to die intestate.
She will be entitled to make a claim in relation to finances unless she remarries, a court order settling the finances is granted or a clean break order is made.
Given that no agreement has been made I would suggest that you initially enter into mediation (check here for your local mediators: http://www.familymediationcouncil.org.uk/) with her to agree an amicable settlement of the finances. If an agreement is reached through mediation you can then seek advice about the terms and then pursue approval of the agreement by the court.
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Customer: replied 1 year ago.
thank you for your response. She has remarried and have ben for almost a year so does this mean that she is not entitled to any of the profit in the house seeing as the house is in my name?
I will be giving her some but she is making it very difficult for me
kind regards
ben
Expert:  Harris replied 1 year ago.
As long as no application was submitted to court regarding the finances (under a Form A) then as she has remarried she cannot submit an application regarding the finances and property as a result of your marriage.
However, in relation to the property, she may pursue an application to court under Schedule 1 of the Children Act 1989 regarding the property, which is basically for the court to decide whether the property should be held on trust, with her until your child reaches majority age after which for it to be sold.
Customer: replied 1 year ago.
ok as far as I a aware that she has not, how would I find this out?
Expert:  Harris replied 1 year ago.
You would have been served with the application once it was issued. I would suggest that you contact the Court where the Decree Absolute was issued and provide the divorce case number ***** check if there have been any applications for financial relief.
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