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Hi, thank you for your question. Just a bit more information required:
-Are you in England or Wales?
-Who is living in the property now?
-Is the property in your sole names or in joint names with her?
-Has she remarried?
-Was there a court approved financial settlement as part of the divorce?
-Do you have any children together, if so their ages and proposed arrangements?
I am a solicitor in Scotland. I'm sorry you were put to the wrong expert. I will try to help you with this. The position in Scotland is that on a separation and divorce, all matrimonial property falls to be divided equally between the parties as do matrimonial debts. If the debts your husband ran up were in connection with the household then they would have to be taken into account in the overall financial arrangement. If, however, they were run up by him for his own personal benefit then he would have to bear the debt himself. It doesn't alter the position, however, that he is entitled to a share of the family home. Whilst you may not want to do this and to raise finance at this time in your life, if you are separating he is entitled to his share of the value of the house, either from you or by a sale. Your question doesn't say if there are other matrimonial assets, such as pensions, to be taken into account and that might later the position. I would be happy to discuss further if appropriate. In the meantime I hope that helps. Please leave a positive rating so that I am credited for my time.
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