Can my former spouse force the sale of our marital home?
Question
My former husband and I divorced in 2005. We had two children together and at the time of our divorce they were aged 15 and 13. When we divorced, my husband transferred our former matrimonial home to my sole name on the understanding that I would be responsible for payment of the mortgage.
My former husband has now told me that my property must be sold and he wants half of the proceeds of the sale. I had understood that when we were divorced and he transferred the property to me that this would be in final settlement, although we did not record this in writing. The property is now worth £200,000 and is mortgage free. My former husband has told me that if I do not agree to sell the property and give him half of the proceeds of the sale then he will issue an application to the court. Can he do this?
Answer
Yes, there is nothing to prevent a former spouse in these circumstances from issuing court proceedings to force a sale of the property and seek a share of the proceeds of sale. When a couple divorces, unless they enter into an order of the court recording a financial settlement, all potential financial claims between them arising from their marriage remain live.
This means that, even many years after their divorce, former spouses can seek to make financial claims against each other. The court would then consider the financial circumstances of the former spouses and make an order dividing their property, savings and investments, including pensions.
It is only possible to avoid this situation by entering into a financial order at the time of divorce. If an order is made following agreement between the divorcing couple then it is referred to as a Consent Order. If the divorcing couple cannot agree and financial proceedings are issued then the court will make a decision as to how their assets should be divided and a final Order will be made.
If an Order is not made then all potential financial claims arising from a divorcing couple’s marriage will remain live. This would also mean that, in certain circumstances, claims can be made against the estate of the former spouse when they pass away.
It is therefore crucial to enter into a financial order at the time of a divorce. Without this protection, potential claims can be made by a former spouse even many years after divorce.
If you would like to discuss this or any other divorce and family law matter, please contact Janine Hutson on 01772 258321, or at janine.hutson@harrison-drury.com
Hi asking for a freind her husband left 20 years ago there divorced she paid all the mortgage on her own he is now forcing her to sell can this be done she had I’ll health that’s why I’m asking he didn’t pay anything to mortgage
Hi Shirley,
To answer your query, we would need further information relating to your friend’s divorce as it is unclear whether financial matters were resolved at the time.
If your friend would like to discuss this matter further, please call 01772 258 321 and ask to speak to a member of the family team.
I am currently filing for divorce with my husband. He is currently living in the home, I moved myself and my two daughters out. The deed of the hosue is in my name along with the mortgage. How can I get him to move out, so I can sell the house.
Dear Callie
There are a number of factors which may affect the options available such as length of marriage among others. I am unable to offer firm advice on the limited information available however please feel free to contact me on 01772 258321 to discuss your matter further.
Hi there,
My ex and myself divorced in 2016 but had no consent order just a private agreement done on a word document which we both signed stating she could have everything. We have a joint mortgage and jointly own our marital home. She lives there I moved out in 2012. Is our agreement legally binding and if not can I force her to sell the property and give me my share of it?
Hi Dave
As finances were not resolved at the time of the divorce, financial claims still remain live unless you have remarried. The fact that you have an agreement in place will carry little weight in the courts, if any. We would recommend you seek legal advice as there may be other assets that also need to be considered.
If you would like to discuss further, please call 01772 258321 and ask to speak to a member of the family team.
my husband’s ex wife still lives in the house they own together, they have 2 children together aged 19 and 13, his ex wife has remarried and lives in the house with her new husband, can my husband make her sell the house now she’s remarried ?
Good morning Louise,
Unfortunately, it is difficult to answer your query with the limited information available as it will depend on your husband’s specific circumstances and whether financial matters were resolved at the time of his divorce.
Please feel free to contact me on 01772 954693 so that I can gather more information and advise you on your potential options.