Spouse Visa, Accomodation Requirement Inquiry

[nadjib31000]

Hi All,

I hope someone would be able to help with my inquiry. I have been through the guidance and all the information provided on here and other websites, but I am still unsure.

Basically, I am preparing to apply for a spouse visa from abroad for my new spouse. I have separated (dovorced) my ex partner and I have the decree Absolute as of July 2022.

During my previous marriage, I purchased a flat with my then ex-wife (both of our names are of the deed). During the divorce proceedings, I was granted by the court sole and exclusive occupancy of the flat during the child arrangement proceedings whist we were still going through the financial proceedings to decide on the fate of the matrimonial home.

Now that has ended a year ago, with a decision of the court that states the flat should be sold and the proceeds of the flat split between me and my ex wife.

We have been trying to sell the flat since last summer, unfortunately, we had two sales fall through due to buyers pulling out the last minute each time. During this time I continued to live in the flat alone with our daughter.

I have since met someone and remarried them two months ago and we want her to join me here in the UK as soon as possible.

My question is the following:
if I were to apply using the flat I jointly own with my ex wife but ocuppy exlusively ( can provide copies of the court orders to back it up) and also provide evidence that this flat is being marketed for sale (as per the second, financial, court order), would that be OK to use to meet the accomodation requirement?

The property is a two bed flat and the proceeds of the sale will allow me to put down a decent deposit to purchase a new property or pay rent for a year whilst looking for a new purchase.

I meet all other requirements, this is the only source of doubt for me and I would appreciate if someone who has the knowledge of this topic in particular, or someone who has been in a similar situation to procvide me with some much needed clarity.

Many thanks