Divorce nearly finalised - new claims on shared home

[tgm1974]

My partner is in the process of divorce and has 4 weeks remaining til he receives his DECREE ABSOLUTE. When the original papers were filled in the section to do with the children and the shared home was filled in as "mutual agreement made in respect of this section" - basically it was an amicable split and in the future they would sort the house proceeds, etc between themselves.

Over the past few months my partners ex has become some weird being - she leaves her children with anyone who will take them, is always off out with her new man, she will agree to be home at certain times when the children are to be taken back home but is never there, she has now moved a 20yr old lap dancer into her house for �40 a week rent (bearing in mind this girls own parents live next door but she doesnt get on with them), etc, etc

My partner is going to see a solicitor this week to see about getting the house sold - it has been mortgage free for the last 15 yrs and he has had basic advice that as the house is too big for the amount of people living there then he does have a right to ask for it to be sold - or for her to give him his share.

Does anyone know where he stands if the divorce is finalised before he speaks to a solicitor about claiming his "share". Just because that section of the papers was left as mutual agreement

Hope this makes sense

[Ethel]

How old are the children? The courts are always reluctant to order a sale when children will be uprooted unless the applicant is in desperate need of the money for his or her own living costs.

Is his wife working? Is she able to buy him out?

[tgm1974]

The children are 10 and 12 - she works in a pub of a night even though she has been an accountant in the past! She just can be bothered and wants to spend as miuch time on her own as possible.

He would rather be bought out than sell as YES he is struggling each month whilst she is sitting in a paid for home!

[jen78]

Much more difficult if there are young children who are in the former family home as Ethel said about.

How big is the house if it's too big for them (her, two children and lodger).

I can see how you could be uncomfortable with a lapdancer but I'd have thought that her work is out of the property and unless she is doing extras at home and putting the children in danger or similar, it wouldn't really be grounds for great concern.

It would be preferably for him to speak to his solicitor before the divorce comes through and financial arrangements are put into place so it can hopefully be dealt with (even if not in his favour) within the divorce proceedings. He can also speak to his solicitor about formalising contact.