I''m divorced since August 2011 but no settlement agreement has been made. My question is; can my ex exclude the mortgage free property he bought while we were still married from the "pot"? I have not contributed to this house as is in his name only. We separated and he moved in there on his own...I think.
My concern is; will he able to argue that this property was bought with funds from the sale of ex-wife (No 1) matrimonial home as part of a settlement from his previous marriage and as he has no pension provision, used these properties as he''s "pension provision". In the beginning of our marriage, he gave me the expectation that once that house(no 1)was sold, we would buy a property together and use it as our matrimonial home. Instead the children and I had to live in rented accommodation and he made 100% sure we never lived in his new house as then it would become matrimonial property. He continued paying our rent which I could not afford on my income but has now stopped doing this.
In terms of cash its hard to determine. To cut a long story short; we got married in South Africa, moved to the UK 4 months after packing up and sold all my belongings which also gave me enough time to get my spousal visas sorted and the my two younger girls into schools here.
I have a property in SA which complicates things a bit more. My older daughter and grand daughter lives in it and I did not sell up (thank goodnes for that) when we moved here. I would roughly say, all household contents, 2 fairly new cars, my savings, etc. converted from ZAR to GBP 30,000. These funds were used in the UK to see to our needs. He was the higher earner and he paid for all our household expenses, rent, utilities, etc. I paid for food, my girls expenses, my traveling etc.