x Husband been missing 5 years now wants half equity and clean break

flippingheckagain

Hi im new so bear with me

My husband left 5 years ago and we divorced in 2024 with not finance order as he didnt sign the absolute on time and the judge granted the divorce with nothing in place. Today i received a letter from a solicitors asking for me to agree to having the house valued and to pay him 50% of the equity and a clean break order.

He left me in a financial mess and hasnt paid the Joint mortgage in 5 years. I have paid it myself all this time . I informed the Bank as soon as he left so they are aware i have been paying it myself .

Im not in a position to buy him out and also no sell as my home is my source of income as i run an Airbnb . i had no choice as it was the only way i could pay my bills.

Can anyone advice me please . im also disabled and classed as a vulnerable adult .

many thanks for reading

lincroft1710

Advice is very simple, you need to consult a solicitor specialising in family law

Woodstok2000

Get a solicitor.

elsien

Also remind him, that finances need to consider everything including his pension and his savings. And yours. It is not just about the house.

But you do need to prepare be prepared for the fact that despite the house also being how you earn a living, and depending on the length of the marriage and how much he put in he left, he is very likely to still be entitled to a proportion. It is that proportion you need a solicitor to negotiate.

flippingheckagain

Thank you for your reply, when the divorce was going through i tired and tried to get him to mediation as he took pensions and left loads of debt i had to take care of . He wouldn't answer or agree to mediate anything/ He didnt even sign the absolute when he applied for the divorce in the first place .

I will get my head on straight again and contact a solicitor to help. his abandonment and the financial mee he left cause me to suffer with Complex PTSD so now on disability .This just makes things a little more daunting for me after 5 years of nothing.

thanks again

Silvertabby

As has already been said, it's not just the house that is classed as a marital asset - it's both of your pensions as well.

And you do need proper legal advice.

ian1246

As others have said, you need a solicitor- a financial order will cover all assets, beyond just the house (pensions, capital etc...).

However be prepared to loose a chunk of the equity - you paying the mortgage on your own can likely be offset against the occupational rent he can argue you owe him - worth having a read about occupational rent...

He likely can even make a claim on his share of the profits from Air B&B... since assuming you didn't give him anything from those profits generated from an asset he's an part-owner for? Worth having that in the back of your mind incase he raises it.

flippingheckagain

thank you , i did look it up and he was never excluded from the home, he planned and left on his own accord. he was listed as a missing person for the first year after he went missing . i later found out he had rented a new flat before he disappeared.

The right to Occupation Rent arises when one party is actually or constructively excluded from his or her property

.i understand fully about my airbnb but , i had no option but to start this to survive the financial mess he left me with. Bill he hadnt paid, electricity came to disconnect, council taw was hundreds in arrears ect . Thanks for your brill answer though . it helps

kind regards

RAS

You need legal support but wikivorce might be good place to look now so you understand the issues that might go forward. At least so you can frame the questions.