My husband and I were married 20+ years, we divorced in 2009 amicably and he moved out and on with another woman. I remained in the family home which we are tenants in common. Our divorce was completed with no financial agreements etc and nothing was ticked in the boxes corresponding to this on divorce papers.
Recently he has become more sour towards myself and our past relationship, I have received a letter from his solicitors stating he would like to recover his share or equity. He knows I cannot buy him out so is practically forcing me to sell.
However, he got remarried in 2016 to another woman. I have done some online research and it seems he has fallen into ‘the remarriage trap’, which states that he cannot seek financial orders from the court?
Is this correct? So he cannot force me to sell the house?
I am booked in to see my Solicitor next week but was wondering if you could offer any guidance!
He may well have lost his opportunity to apply for a settlement under family law - although if you have not remarried it is open to you to do so. However if both names are on the deeds property law will apply. If a case is brought under property law you need to be aware that if it goes to court costs are paid by whoever loses.
Even if it is 10 years since the divorce, you can still go for a financial settlement under family law. All assets would go into the pot including pensions.
It is worth getting an assessment of the potential case you could have.
Also since we separated he now has two properties jointly owned by himself and his new wife. If I was to go down the route of a financial settlement would these also be involved? Or just our former family home and pensions?
Generally speaking no, the principle of sharing ends at the point of [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url].
If your ex were to use civil law rather than family law to make a claim, the Court would look at how the property is held and that would be as tenants in common as you have said- presumably in equal shares?
If family law was used to settle a claim it would probably be more favourable to you although your solicitor will advise upon the options.