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Divorce after 11 yrs separation (5 Posts)
Started By:
05 September, 2017 06:12AM
Divorce after 11 yrs separation
Hopeful - 05 September, 2017 06:12AM
My OH has been separated for 11 yrs not divorced. Ex lives in marital home he pays bills. He has new house. He wants a divorce. She does not allow him access to marital home which is in poor state. How does he get around this? Is she entitled to shares from his new house? One child grown up and own house with partner so no child maintenance. What's his best course of action. She can be unstable due to alcohol issues but amicable at present.
Re: Divorce after 11 yrs separation
davidterry - 08 September, 2017 02:18PM
There is no reason why he cannot obtain a divorce from his wife if he wants. He does not need her permission or co-operation. The obvious ground for the divorce would be five (or more) years' separation.

Bearing in mind there is a former matrimonial home it is unlikely that his wife would have a real claim against his new house. The new house may mean, though, that his ex will get the former matrimonial home.
Re: Divorce after 11 yrs separation
Hopeful - 29 January, 2018 12:53PM
Thank you for your advice. My partner has not made any moves yet to divorce his wife and everything is status quo at the moment. However he would like us to move in together (in my house) and rent his out. I am sceptical for many reasons not least if he then went to divorce his wife, would she have any claim over my property? The house is in my name only and I have a mortgage on it which I am more than able to afford. He is willing to contribute towards the bills and cost of living if he moved in.
Re: Divorce after 11 yrs separation
Lanzo - 29 January, 2018 05:45PM
Hi There,

I am not legally trained but common sense would suggest your partner should cut financial ties with his wife (they are not divorced yet) before becoming financially tied with you.

After 11 years of separation it doesn't seem he has the motivation nor the inclination to push through with a divorce.

Re: Divorce after 11 yrs separation
davidterry - 29 January, 2018 06:17PM
There are certain advantages in this situation for you. So long as you are not married your house remains your house and your other half (and his ex) have absolutely no claim upon it. If you were to marry your other half then in due course he would be able to make a claim upon your house in the event of divorce (after your relationship had lasted a little while). He could clearly have divorced his wife if he wanted. If he does move in make sure that he does not acquire some right to your property by spending money on it (such as paying the mortgage or paying for and fitting a new kitchen). Get him to sign a disclaimer of all interest in your property and make sure anything he pays is paid for his accommodation. It would probably be worth getting a solicitor to help you with those documents to make sure they are fit for purpose. And remember they would become worthless if you subsequently married him.
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