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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35073
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My friend and his wife separated about 6 years ago. They have

Customer Question

My friend and his wife separated about 6 years ago. They have two children now, 15 and 10. She lives in the marital home and he pays maintenance for the children, however, he wants to get divorced and move on with his life. His ex wife will not proceed with the divorce unless he relinquishes all rights to any future money tied up in the house, when the children are older. Is there anything he can do about this situation? She has also moved her new partner into the home are there any laws which would force hand as she now has an extra income coming into the home? Also, he wants to purchase a property jointly with his new partner, will his ex-wife have any entitlement over any jointly owned asset he has at this stage? Hope you can offer advice.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Thanks for your interest in me but its not really area.

I will pass this onto somebody who can help for you.
Customer: replied 4 years ago.

Thank-you. When may I expect a response?

Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do they each have?
Customer: replied 4 years ago.

The house is worth approx. £160K there is approx.£69K on mortgage but it was only approx. £40K when he left (his wife had an affair). No other assets or debts, that I am aware of, Income his early 20K, hers pro rata approx. £18K working in general 20 hours per week.

Expert:  Clare replied 4 years ago.
Sorry do you mean that the mortgage has increased since he left?
Where did the money to purchase the house come form?
Customer: replied 4 years ago.

Yes, just before they split they added £15K to the mortgage as they were going to have a loft conversion, that never happened and she has spent this money on other things, not on the house she has since increased the mortgage presumably just for extra funds?

Expert:  Clare replied 4 years ago.
Is the house and mortgage not in joint names?
Customer: replied 4 years ago.

No due to him being self-employed at the time and struggling financially the house was put into his wifes name, however when they split under solicitor instructions a charge was put on it via Land Registry. The divorce was going through with him having 27% awarded to him once the girls are out of full time education, but she wants him to have nothing if she agrees to the divorce?

Expert:  Clare replied 4 years ago.
He can issue a Petition based on the fact that they have lived apart for five years and she cannot defend it.
Within the divorce proceedings he can apply for an Order granting him a share of the equity when the youngest child is 18.
It would be unwise for him to invest in another property until this has been dealt with
I hope that this is of assistance - please ask if you need further details