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Decree Absolute

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amatnic | 12:24 Tue 13th Nov 2007 | Law
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Can my ex-husband make a claim on my property even if a decree absolute has been granted in my favour? Can he make an appeal?
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He may be able to if you both lived in the property and it was not part of the settlement.

My advice would be to go back to your lawyer.
Are you asking whether he has any claim when the divorce was because of his behaviour, hence the decree was in your favour? Any 'fault' has very little or no relevance to property orders and the court normally pays no or scant, regard to 'fault' .(One reason why the case of Sir Paul and Heather and their supposed behaviour is of interest only to the tabloids: the court won't worry about who did or said what and why)

It doesn't matter who is responsible for the break up, the court will make any order it thinks fit and that can include allowing some claim by the ex-husband on the ex-wife's property and vice versa. The court doesn't think in terms of 'his and hers' but in terms of being fair to both parties and of dividing their collective property , regardless of whose name it may be in, according to established precedent and the circumstances of each case.

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Decree Absolute

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