I want to divorce, can my husband claim anything after 8.5 years of separation?

Popec5

Hi,

I have a question please, I would like to start a divorce and also I'd like to take out a mortgage with my sister. I had no contact at all with my husband since December 2006. He is American and the marriage took place in California in 2005. I don't know if the law here is similar to there where at the divorce one can claim half of the properties the other owns. Even though I did not hear from him since these years, but it would be extremely difficult if I start the divorce and suddenly he would be interested to get half of my share of the property. Does he have the right to do that? I need advice on that, please.

Sincerely,
Popec5

Guest101

Popec5 wrote: »

Hi,

I have a question please, I would like to start a divorce and also I'd like to take out a mortgage with my sister. I had no contact at all with my husband since December 2006. He is American and the marriage took place in California in 2005. I don't know if the law here is similar to there where at the divorce one can claim half of the properties the other owns. Even though I did not hear from him since these years, but it would be extremely difficult if I start the divorce and suddenly he would be interested to get half of my share of the property. Does he have the right to do that? I need advice on that, please.

Sincerely,
Popec5

Possibly. It depends how long you were together and what property u acquired during the marriage.

SnooksNJ

Popec5 wrote: »

Hi,

I have a question please, I would like to start a divorce and also I'd like to take out a mortgage with my sister. I had no contact at all with my husband since December 2006. He is American and the marriage took place in California in 2005. I don't know if the law here is similar to there where at the divorce one can claim half of the properties the other owns. Even though I did not hear from him since these years, but it would be extremely difficult if I start the divorce and suddenly he would be interested to get half of my share of the property. Does he have the right to do that? I need advice on that, please.

Sincerely,
Popec5

No offense to the good posters on here but this probably isn't the place to find experts on California divorce laws.

Popec5

We were not together more than 6 months and there is no property together, nothing at all.

Popec5

Sorry if my message was misleading, I am in the UK for the last 6 years, and I plan to do my divorce here as I am a resident here and soon hopefully a citizen.

TBagpuss

The way that it works is that the court would decide what is a fair settlement taking in to account all the circumstances. Which would include how long you had been separated, how long you were together for and what assets you had at the time of the separation.

So he could make a claim, but would not automatically get half of your assets.

If you were only together for 6 months it is unlikely tht he would be entitled to much.

DandelionPatrol

TBagpuss wrote: »

The way that it works is that the court would decide what is a fair settlement taking in to account all the circumstances. Which would include how long you had been separated, how long you were together for and what assets you had at the time of the separation.

So he could make a claim, but would not automatically get half of your assets.

If you were only together for 6 months it is unlikely tht he would be entitled to much.

The unwritten assumption here is that this would be done under UK law in a UK court. Given the potential differences between UK and California law, there may be a risk of Popec5's husband seeking a transfer of venue and law to California.

Equally, California law may have provisions to divorce absent partners by default ... So the job might possibly already be done.

VfM4meplse

If there's a lesson here, it's not to get married unless you are prepared to put all your financial assets at risk.

Cross reference to the why people think non-marrieds have a lesser relationship thread: unless specific legal provision is made otherwise, non-marrieds they haven't thrown their lot in legally in the same way. That "piece of paper" that is so derided is actually very important.

Laurensalive

American law is different to the UK, so I would not want to pass any comments on this one. Maybe research on line before engaging a solicitor. As you might need one who is knows California law.

TBagpuss

DandelionPatrol wrote: »

The unwritten assumption here is that this would be done under UK law in a UK court. Given the potential differences between UK and California law, there may be a risk of Popec5's husband seeking a transfer of venue and law to California.

Equally, California law may have provisions to divorce absent partners by default ... So the job might possibly already be done.

Possibly, but if Popec lives here then she can issue here, and if she issues her divorce here then the UK court will have jurisdiction. Under UK law it's unlikely that any request to transfer to California would succeed. Popec may wish to double check whether California would recognise an English order as biding but I would be surprised if it did not

toniq

I divorced my ex from Minnesota through the UK courts, Very straight forward for me, I had an address for him, he didn't respond so a local sheriff served the papers on him got his signature and sent them back to the uk courts, cost me an extra £100 to use the Sheriff to serve the papers.