Can my husband sell our former matrimonial home without my consent?

Q. My husband and I have been married for 23 years and have two grown up children together. We separated in 2014 and my husband has now moved to Bahrain to live with his new partner.

I have issued divorce proceedings and received my Decree Nisi but unfortunately we did not resolve any of the financial issues arising from our separation before my husband moved abroad.

I still live in our former matrimonial home which is worth £350,000 but it is held in my husband’s sole name and I am concerned that he may attempt to sell my home. I am aware that he has significant savings in bank accounts in Bahrain and I have a good income from my pension so I am not worried about income, only keeping my home. He says that he will not return to the UK and refuses to resolve these issues with me. What can I do?

A. You can apply to the court for a financial order to transfer the property to your sole name and should do so as soon as possible.

Your husband will be required to provide details of his financial circumstances through a Form E Financial Statement and attend a court hearing.

If your husband does not provide details of his finances or refuses to return to the UK to attend the court hearing, the District Judge may make decisions relating to your case in his absence. It is likely that the court would adjourn the first hearing and give your husband a second opportunity to attend.  The court would wish to be satisfied that he had received notification of the hearing date so if you have any evidence that he was receiving his mail this would assist.

If your husband failed to attend the second hearing then it is likely that the District Judge may hear the case in his absence, meaning that only your views would be heard. If the Court considers it reasonable, your former matrimonial home may be transferred to your sole name, with the necessary documentation being signed without your husband present.

If you are in a situation such as this it is crucial to seek specialist legal advice as soon as possible.

For more information on financial orders or to discuss any aspect of family law please contact Janine Hutson on 01772 258321.