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Time limit?

  • RamblingRose
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21 Mar 11 #258980 by RamblingRose
Topic started by RamblingRose
CAn anyone tell me if there is a time limit on how long i have got to claim against my ex for a share of his house? We were living together for 12 years before i moved out before Christmas, and i have had several opinions on whether i might be entitled to claim anything re the equity in the house (mortgaged in his name). Im not sure i want to persue this, but interested if i need to do so within a certain time. Thanks

  • drsox
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22 Mar 11 #258988 by drsox
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I always thought if there is no Consent Order/Clean Break in force it can be any time. I am sure someone who knows that they are talking about will be along soon to answer yo properly!

  • dukey
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22 Mar 11 #259021 by dukey
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Depends,

Do you have children together?

If not and you remarry without making a claim first then its difficult to claim after.

If you stay unmarried the claim remains live.

  • RamblingRose
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22 Mar 11 #259135 by RamblingRose
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Hi thanks for the responses,

No children! So, from what you say, there is no time limit, so theoretically i could claim now, next year, or in 5 years? :unsure:

and if i marry my potential claim is no longer valid? :unsure:

What about if he marries?

  • WYSPECIAL
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22 Mar 11 #259149 by WYSPECIAL
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So I could get divorced now (or even not bother yet) and do the Ancillary Relief stuff at any time in the future?

  • hadenoughnow
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28 Mar 11 #260149 by hadenoughnow
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WY

You could indeed wait to sort out the finances in a legally binding way .... but it is not advised as this can backfire e.g. if you come into money for some reason.

I think the original poster was referring to a (non-married) cohabitation. The rules here are different from Ancillary Relief on divorce. If the house is not in joint names then the recourse would have to be via some other route - ie establishing an interest in the property. If there are children, it is possible to access some or all of the equity via the Children Act to house them while they are under 18.

Hadenoughnow

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28 Mar 11 #260151 by WYSPECIAL
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It is more likely that my s2bx will come into a lot of money in the forseeable future! Unfortunately my own inheritance prospects are very modest and given my parents ages a lot further into the future than hers. I don't do the lottery so can't see that happening either.

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