What happens after 2 Years

Hi Folks

I was adviced by the police to leave my home due to d/abuse. I have lived in refuges for severfal months and now find out that I only have 2 years from date of seperation to get to court to be able to claim my half of our jointly owned home. Our mortgage is fully paid and we both worked and paid the same amount to it. Does anyone know what rights the person forced from the maritial home actually loses after 2 years. I do have a solicitor but this has never been answered or perhaps my head has been somewhere else at the time. I have been out of my home now for 15mths. Thanks for any help

As I understand things it's not that you loose rights to financial claims after two years per se, it's your husband can apply for a divorce without consent after two years and lump sum payments and or property adjustment orders need to be tied up before the divorce is granted.

In fact your husband should only apply using the simplified procedure if there are no outstanding financial matters and/or no children under 16. Your solicitor is probably advising you to make a claim now because occasionally a "without consent" divorce slips through the net and it can be a hassle and expensive sorting it out.

In Scotland the rights you do lose after two years of moving out are to occupy the former matrimonial home.

Thank you so much for that reply. I was so scared I would lose so much money and now that I am disabled I need every penny I can get. So thank you for setting my mind at rest