Does a "clean break" order mean you are not entitled to half the house in a divorce? | LawHive - Solicitors & Lawyers Online
Does a "clean break" order mean you are not entitled to half the house in a divorce?
Hi Myself and ex husband have been granted decree absolute and are officially divorced now I was wondering if I get a ‘clean break’ order would I still be entitled to half of the house? I Don’t think I have any rights to the house now we are divorced? I am looking to move but I think it isn’t fair that I have my daughter and we are being forced to leave, fine too a degree as I want to be free of him but he wants to move back into the house and keeps stating it’s his house? I have contributed 50/50 to everything and it wa only 2 years ago we spent lots of doing the place up. I was told he’d have to buy me out or sell but I know he won’t. Is there another order or something I can make in order to receive either half from the sale (it’s only part owned by him) or for him to buy me out? Thanks a lot, it’s really confusing!

Robert Stiles

20th April 2022

Top Answer
Barrister: regardless of Decree Absolute you are still entitled to financial settlement and a share of the house. Clean break is part of the financial settlement.

Mary Embry

20th April 2022

1 upvote

The court can make a sale order and proceeds split accordingly.

Mary Embry

20th April 2022

1 upvote

NQ Divorce and financial settlement are two different things. Please take legal advice as above

Daniel Alpers

20th April 2022

1 upvote

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