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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2296
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been divorce 6years now i have 3kids with my ex

Resolved Question:

I have been divorce 6years now i have 3kids with my ex husband age 11,9,8 when we were together we bought house there is my name and his name on the property papers can i still file him that i want my half for my kids future he is living in the house remerried and got a 1child while i been on housing benefits cos he kept the house
Submitted: 10 months ago.
Category: Law
Expert:  Harris replied 10 months ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-Are you in England or Wales?-Was there a court approved financial settlement as part of the divorce?-Is the property held as joint tenants or tenants in common?-Have you remarried?
Customer: replied 10 months ago.
Im in england there was no settlement at all i just moved out with my kids and its a joint tenants
Customer: replied 10 months ago.
Never remarried
Customer: replied 10 months ago.
There was not a court settlement just divorce thats all
Customer: replied 10 months ago.
I was in abusive relationship with him i just wanted to get away from him and have a piecefull life with my kids i was not bothered about the house at that time just to get quickly divorce thats was all
Expert:  Harris replied 10 months ago.
Thank you for confirming. Unfortunately, as there is no court settlement then there is nothing you can enforce. However, the past agreement can be disclosed to the court as part of any application for financial relief. As you have not remarried, you are still able to pursue a financial relief application against him, arising out of the marriage - and this did not end with the divorce. Initially this should be attempted through mediation - you can find independent mediators here: http://www.familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).If mediation does not progress you can then proceed with an application to court under Form A for financial relief.You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. The criteria considered is:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Harris, Law Specialist
Category: Law
Satisfied Customers: 2296
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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