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Spouse moving out after clean break?

Posted by StewieG 
Spouse moving out after clean break?
November 10, 2022 05:10PM
Hi guys, have posted before but things have moved on (as they do). Brief summary. Married 10 years. No kids. House is the only asset that we're concerned with splitting. We have agreed a figure that represents half of the equity and I am buying her out. Pensions are about level so we're not touching them, and nothing major other than this. We are approaching the divorce date (end Dec) and will be applying for a clean break order straight after this. Couple of queries -

1 - I have been paying the mortgage solely in order to give my wife a chance to get a bit of money behind her for about the last 5 months. The trouble is she isn't making any plans to move on and won't discuss what her intentions are. My gut feel is that she'll stay in the house until the last possible moment (I'll come to that in point 2), and with this in mind I feel that she should be contributing something to live here. I have also raised the fact that the half of the utility bills that she pays was based on a figure that was current over a year ago. This figure is no longer a fair half. I have asked her to consider both these points, but she refuses to engage in any kind of conversation about this. Is there anything further that I can do or do I accept this and bite the bullet for a couple of months? (I expect that there isn't)

2 - Once the court approves the clean break and I transfer the settlement, if she is still living in the house and refuses to leave for any reason what actions can I take to have her legally removed?

I work full time, earn £45k and have no debt.
My wife works part time (by choice, no health reasons, caring etc) in a semi skilled job and earns maybe £12k, and has £14k of personal debt (I found out about this very recently and prior to this had no idea). She was previously employed as a university lecturer until 3 years ago. I have no explanation for her shift in roles.
Any advice appreciated as always. Thank you
Stewie G
Re: Spouse moving out after clean break?
November 11, 2022 09:20AM
Assuming you have your clean break order properly drafted (as you should) then it will provide for your wife to transfer her share of the house to you upon receipt of the lump sum agreed and upon the basis that she vacates the property upon payment. A properly drafted order along these lines can be enforced if it is not complied with.

If you are working on the basis that the clean break order you are talking about is going to be agreed voluntarily between you and your wife then you are obviously running a risk if you antagonise her before she signs on the dotted line. Without her co-operation the whole thing would become more complicated and cost much more than some share of utility bills.

Of course, your wife may not co-operate in getting a clean break order anyway and perhaps she is just stringing you along. To avoid that possibility you should get the clean break paperwork drawn up and signed ready for submission to the court as soon as you possibly can.
Re: Spouse moving out after clean break?
November 12, 2022 07:58AM
That makes a lot of sense. Thanks a lot David
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