Dissolution of civil partnership

[Katiejhiggins]

Hi all,
Im looking for a little advice regarding the dissolution of my civil partnership and if I have any legal rights?

my ex wife and I were married for 2 years but had been together for 8. In the final year the marriage started to break down, and I found love with someone else. We agreed to sparate amicably but then she locked me out of the house with nothing. I have since got my things but only on her say so.

Where it gets complicated is that she never put me on the mortgage or the house deeds and none of the bills, I basically paid her a monthly income to cover everything but I wasn't privy as to where my money was going and what it was being used for.

She he also had what I would consider a drinking problem which was one of the reasons (for me) that the marriage broke down.

do I have any legal rights here? Can I divorce her even though I met someone else? And what are my right with regards to the house?

Any help would me more than grateful

[Amethyst]

Re: Dissolution of civil partnership

With reference the house. did your wife own the property before your relationship ? Are there any children involved at all ?

Reference dissolution, it really depends, as you were the one who was ''unfaithful'' she would have to divorce you on unreasonable behaviour grounds, or you would her - on unreasonable behaviour (financial/drinking etc) but that might be emotionally difficult and cause difficulties if she is feeling particularly aggrieved (which kicking you out and keeping you from your belongings sounds like it might be the case) - otherwise it's 2 years apart dissolution by consent or 5 without. Have you discussed it with her at all ?

[Katiejhiggins]

Re: Dissolution of civil partnership

Hi, thanks for getting back to me, the house was purchased together as a family home but at the time I was a student nurse and the bank wouldn't allow me to be put on the mortgage, her plan right from The start was that once I had qualified she would add me to everything, that was 6 years ago and still nothing! I have tried talking to her about it but she keeps changing the goal posts as to when she is going to start proceedings. Thanks again for your advice

[des8]

Re: Dissolution of civil partnership

Regarding any possible claim on the house you will only have a beneficial interest in the property if you can prove that there was a common intention that you should have such an interest and that you relied on that common intention
A constructive trust may have arisen if you have made a direct contribution to the mortgage repayments or possibly an arrangement where you have paid more than your fair share of the other bills which therefore allowed your wife to pay all of the mortgage, as evidence from which a court could infer a common intention.

[Amethyst]

Re: Dissolution of civil partnership

Okay the house will be classed as part of the marital assets, and you have contributed to it financially. Therefore you are entitled to a share in it - you would need to either discuss with her or sort out a mediation to agree on the financial side of the split.

It is a shame we haven't managed to evolve to allow no fault divorces yet, it's coming, just too slowly, so it is a case of waiting the two years and asking her to consent or filing yourself on unreasonable behavior grounds, unless you can get her to file against you sooner. However the finances can be discussed and consent orders sorted out prior. You should see a solicitor as you may be entitled to an equal share if there are no children and you are both in similar financial positions.

Regarding any possible claim on the house you will only have a beneficial interest in the property if you can prove that there was a common intention that you should have such an interest and that you relied on that common intention
A constructive trust may have arisen if you have made a direct contribution to the mortgage repayments or possibly an arrangement where you have paid more than your fair share of the other bills which therefore allowed your wife to pay all of the mortgage, as evidence from which a court could infer a common intention.

I reckon that will be covered...

I basically paid her a monthly income to cover everything but I wasn't privy as to where my money was going and what it was being used for.

the house was purchased together as a family home

once I had qualified she would add me to everything