Divorce finances

[1*Katherine*1]

Hi - I hope I have put this in the correct forum?

 

Could someone please advise myself and my partner regarding the martial home following my his divorce over 10 years ago?

He was awarded a share of the martial home in the initial order when, either she remarries, cohabits or sells the house. It did state that she could stay in the house as long as she wanted. As the children are now grown up and she has moved out of the properly over a year ago (she now rents it to their adult son and his partner) my partner has decided to pursue the matter to get the house sold so we can all move on. She apparently is renting a flat because she cannot afford the mortgage now that my partner no longer has to pay child maintenance.

 

She did however cohabit with a partner 5 years ago but told him my partner if he pursued the matter she would deny he was living there and she would 'kick him out'! At the time my partner was not in a good financial position to pay for legal action and also two of the children were still at school so he did not pursue it. He is still not in a good financial position as he is self-employed and only has enough income to cover the monthly bills as it is.

 

Therefore my question is, as he cannot prove she did cohabit (her solicitor has said he has to prove it), can he argue that she does not even live in the property anymore? The stress of the situation is making him ill and he can't afford the financial battle. He has been more than generous at the time of the divorce and only settled on 12.5% share of the house but she seems determined to fight him all the way.

 

One other thing, my partner suspects she has topped up the mortgage, will this affect his share?

 

Thank you in advance.

[AndyOrch]

Thread moved to the appropriate forum.

 

Andy

[martin2006]

If it was a joint mortgage, she wouldn't be able to "top up" the mortgage without his agreement unless it was done fraudulently.

 

It can of course now be sold at any time but remember that the ex partner can and will be awkward if she doesnt want to sell

[steampowered]

Now that the children are grown up, I would have thought it should be possible to make an application to court for an order that he is bought out of his share or the house is sold.