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Moving On, But Can an Ex Claim?

By: Chris Nickson - Updated: 30 Oct 2017 | comments*Discuss
 
Clean Break Order Divorce Ex Partner

Q.

I have been with my partner for 4 years, he has been trying for a divorce for 2 years, in the time we have been together we have purchased a home together, when he left his wife he let her have the house which was a council house, he took on the debts from loans and credit cards and he left her everything in the house. He pays the proper child mainteneance every week.

We have just had confirmation that she will now agree to divorce but will not agree to a clean break order. My question is: the house I have bought with my partner, can his ex wife in years to come, try and get a claim on the house?

(Miss R V, 10 January 2009)

A.

Something you need to do is seek legal advice on this, which your partner will have to do anyway in order for the divorce to go through. One question that has to be asked is why your partner’s soon-to-be ex-wife won’t accede to a clean break order, unless she’s scared that he might try to claim some of the assets from the house they had together.

Although it’s highly unlikely that any claim she made on the property you and your partner have bought together would succeed, it’s theoretically possible that she could bring a case. That said, however, from the circumstances you’ve described – leaving her everything, taking on the debts and giving her the house – would make it almost impossible for her to gain anything more, especially as he pays his child support on time and in full. Depending on the circumstances of their split, the aforementioned fear might be one motivation for her, as might revenge, to keep him on edge about what she might do.

Whichever way it’s viewed, it’s not a good situation for you, which is why a discussion with a solicitor is important. He can review the facts fully, tell you exactly how you stand, and also suggest strategies that can work and put your minds at rest.

A clean break order would, of course, be the ideal solution. It brings a permanent end to any claims either spouse might have on each other, even after death, although naturally it has no effect on the children or the payment of child support; it’s strictly between the two adults in the marriage.

Since your partner has already given everything to his ex, on the surface it would seem that he has few bargaining chips, although possibly the willingness to put everything in writing, and make his ex feel more secure, might be enough for her to agree not to pursue any claim, however tenuous, against the property you and he share.

Again, this is something a solicitor can review and possibly incorporate into the divorce settlement, even if it’s not a clean break order as such.

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I divorced ten years ago after finding out my husband was having an affair. Our child was only 8 yrs old. My ex no longer wants to pay the remaining one year child maintainance. I feel he is blackmailing me in order not to pay anymore. When I met him I had my own home worth £145,000, he moved in with £2000 a car and two bags of clothing. He now wants my home and says if I don't stop the child support payments he can legally take my home. My house was paid for after the divorce and it's in my name only. He says we had a verbal agreement to end payments on our sons 18 birthday, I have no knowledge of ever stating that, also I could never have known at that time what the future held in store. He is making me very , very ill with his messages. Please can you advise me. Kind regards Flossy
Flossy - 26-Oct-17 @ 4:52 PM
Cj - Your Question:
I bought a house 9 years ago with a ex long term partner (mother of my kids ). we split a year after and I moved out whilst still payin the morgage. I stoped payin the morgage and she did t bother to pay it soon after she moved out leaving the house in debt. I moved back in and paid all the debt up to date. she hasn't put anything towards the house or upkeep for over 7 years bought her own house with another partner and yet still refuses to take her name off my morgage. is there anyway I can get her name off my morgage ?

Our Response:
You would have to apply to court regarding this matter.
DivorceResource - 10-Aug-17 @ 2:24 PM
I bought a house 9 years ago with a ex long term partner (mother of my kids ).. we split a year after and I moved out whilst still payin the morgage.. I stoped payin the morgage and she did t bother to pay it soon after she moved out leaving the house in debt .. I moved back in and paid all the debt up to date .. she hasn't put anything towards the house or upkeep for over 7 years bought her own house with another partner and yet still refuses to take her name off my morgage .. is there anyway I can get her name off my morgage ?
Cj - 9-Aug-17 @ 6:30 PM
Chappo - Your Question:
I'm buying a house with my partner who I've been with for 8 years he is still married at the moment. When he gets divorced could his ex wife put a clame in for his 50% of the house ? He has a daughter with her. Also if he passed away with him still married is she intitled to his half

Our Response:
Your partner's ex wife can make a claim if your partner brings money into your house which 'could' be considered as part of the joint marital pot. If you buy a house together, it is always wise to make a will.
DivorceResource - 13-Jul-17 @ 3:49 PM
I'm buying a house with my partner who I've been with for 8 years he is still married at the moment. When he gets divorced could his ex wife put a clame in for his 50% of the house ? He has a daughter with her. Also if he passed away with him still married is she intitled to his half
Chappo - 11-Jul-17 @ 10:22 PM
Ronnie - Your Question:
I have a divorce order that say my ex must sell the house want my daughter turn 18 what must I do

Our Response:
If you wish to act on the order, you may wish to seek legal advice and ask a solicitor to send a letter to your ex reminding her of the terms of the order. A solicitor can put down some timelines down that your ex needs to act upon.
DivorceResource - 24-Apr-17 @ 12:47 PM
I have a divorce order that say my ex must sell the house want my daughter turn 18 what must i do
Ronnie - 23-Apr-17 @ 9:13 PM
Dipdy - Your Question:
My partner is going through a divorce he gave her 25000 when she left the marital home which he subsequently took a new mortgage out in his name he sold that house and only made 5000 he inherited his dads home after the separation is she entitled to it she has never lived in this property

Our Response:
Much depends upon how long the marriage lasted, whether there are children involved and how long they have been separated for. Your partner would have to seek legal advice.
DivorceResource - 5-Apr-17 @ 12:00 PM
My partner is going through a divorce he gave her 25000 when she left the marital home which he subsequently took a new mortgage out in his name he sold that house and only made 5000 he inherited his dads home after the separation is she entitled to it she has never lived in this property
Dipdy - 4-Apr-17 @ 4:19 PM
Louis holman - Your Question:
Can my wife soon to be divirced, have any rights over my new mortgage do a house with my new girlfriend

Our Response:
Only if you use money from your joint marital funds. If you have reached a financial agreement with your ex as part of your divorce, then it is unlikely she will be able to claim in the future. A clean break settlement means that the parties to the divorce will have no financial ties once the order is agreed or ruled upon by a court.
DivorceResource - 28-Mar-17 @ 12:45 PM
Can my wife soon to be divirced, have any rights over my new mortgage do a house with my new girlfriend
Louis holman - 27-Mar-17 @ 5:44 PM
Jen - Your Question:
I am not divorced my husband lives at family home with our grown up childrenBeen seperated 12 yearsMy name is still on morgage.I have a nrw morgage with my partner.If I die can my x claim any part of this house

Our Response:
Your ex may be able to claim if you used money from the joint marital pot in order to help buy your second home. If you used money that was solely yours and you can prove it, then he would have no claim. However, you may wish to seek legal advice regarding this.
DivorceResource - 22-Mar-17 @ 11:33 AM
I am not divorced my husband lives at family home with our grown up children Been seperated 12 years My name is still on morgage. I have a nrw morgage with my partner. If i die can my x claim any part of this house
Jen - 21-Mar-17 @ 3:32 PM
Fi- Your Question:
Was moved from house by police have now been rehoused but husband changed locks and was not paying morgahe name not on morgahe so cannot find out what is happening have registered with land registry it don't know where to turn to next need help

Our Response:
If you have registered your interest in the property then please see CAB link here which will help further answer your question. Much depends upon how long you have lived in the house, what you have contributed to the house and whether you have children with your ex. You may wish to seek legal advice via the Citizens Advice Bureau.
DivorceResource - 8-Feb-17 @ 12:46 PM
Fi - Your Question:
Hi I was removed from property in November by police due to domestic abuse.husband now changed locks and not been paying morgage have heard he put payment plan in place but what do I do for divorce and settlement no one will help and I'm at wits end. Have been rehoused by local authorities

Our Response:
You don't say whether you are on the mortgage or not. If you are, you may wish to contact the mortgage lender yourself to try to explain the situation and see if a solution can be reached. If you are on the mortgage, then you are also still responsible for paying towards it regardless of whether you are living in the property or not. You may also wish to contact your ex to see if you can come up with a solution regarding the property to prevent it from being reposssessed. Divorce arbitration/mediation may also work if you cannot agree the details. Arbitration is a method of dispute resolution in which a third party makes a decision about your finances when your relationship has ended. It is an alternative to court proceedings and is a way of sorting out financial disputes. However, it will cost.
DivorceResource - 8-Feb-17 @ 12:40 PM
Was moved from house by police have now been rehoused but husband changed locks and was not paying morgahe name not on morgahe so cannot find out what is happening have registered with land registry it don't know where to turn to next need help
Fi - 8-Feb-17 @ 2:36 AM
Hi I was removed from property in November by police due to domestic abuse .husband now changed locks and not been paying morgage have heard he put payment plan in place but what do I do for divorce and settlement no one will help and I'm at wits end . Have been rehoused by local authorities
Fi - 8-Feb-17 @ 2:34 AM
Bev - Your Question:
Hi. My husband left the marrital home 4 years ago. We had a joint mortgage. He remaried as soon as the divorce came through just a matter of months after we split.i have been paying the mortgage.since a few months after we split. He just cancelled the direct debit with the bank and never told us. So we got in arreas with it. Im needing to sell as I cant keep up the repairs. As I only work part time due to my ill health.when he left he left me in debt. So I said. If we sell I want the debt paying off. Then go 50/50 with what is left. But he said no to paying the debts off. Would he still be entitled to half even though he kind of abandoned the house. I know I should seek advice from a solicitor but cant really afford to.

Our Response:
Regardless of whether you split up, your ex still has a responsibility to repay the mortgage as per the mortgage agreement. However, you would really have to agree between what the final settlement would be, otherwise it would be up to the court to decide. If your ex is refusing to cooperate, then your only recourse would be either mediation/family arbitration or court. Family arbitration is an alternative to court proceedings and a way of sorting out financial disputes where a third party makes a decision about your finances based upon the evidence collected. The arbitrator’s final decision is a binding ruling, known as an award. Yet, I'm afraid this will also cost. Therefore, you may wish to try to get some free advice from the likes of the Citizens Advice Bureau who will help you explore your options in the first instance for free.
DivorceResource - 20-Jan-17 @ 1:56 PM
Hi. My husband left the marrital home 4 years ago. We had a joint mortgage. He remaried as soon as the divorce came through just a matter of months after we split.i have been paying the mortgage.since a few months after we split. He just cancelled the direct debit with the bank and never told us. So we got in arreas with it.. Im needing to sell as i cant keep up the repairs. As i only work part time due to my ill health....when he left he left me in debt.. So i said. If we sell i want the debt paying off. Then go 50/50 with what is left... But he said no to paying the debts off.. Would he still be entitled to half even though he kind of abandoned the house.. I know i should seek advice from a solicitor but cant really afford to..
Bev - 19-Jan-17 @ 9:15 PM
RS - Your Question:
Hi there, I have divorced for 5 years, only 2 years ago I transfered the property to my ex-wife, which was not court order. Now I want to claim as it was a joint mortgage before I transferred it to her

Our Response:
If it was not a clean break divorce, you would have to seek legal advice regarding this matter.
DivorceResource - 21-Dec-16 @ 10:00 AM
Hi there, I have divorced for 5 years, only 2 years ago I transfered the property to my ex-wife, which was not court order.Now I want to claim as it was a joint mortgage before I transferred it to her
RS - 20-Dec-16 @ 3:14 PM
RS - Your Question:
Hi there, I have divorced for 5 years, only 2 years ago I transfered the property to my ex-wife, which was not court order. Now I want to claim as it was a joint mortgage before I transferred it to her

Our Response:
You would have to seek legal advice regarding this, if you did not have a clean break settlement.
DivorceResource - 20-Dec-16 @ 2:39 PM
Hi there, I have divorced for 5 years, only 2 years ago I transfered the property to my ex-wife, which was not court order. Now I want to claim as it was a joint mortgage before I transferred it to her
RS - 20-Dec-16 @ 2:31 PM
Steve - Your Question:
Hi. I divorced my ex-wife over 10 years ago when our kids were still minors. We agreed (in writing with a solicitor) that she will remain in the house until kids are old enough and moved out. After that we will split the house to three parts (one part for her, one for me and one for the kids). We are both re-married; she even moved out of that house and her father is living in there. And she doesn't want to pay me agreed money. How can I get her to pay? thank you

Our Response:
You would have to take legal advice regarding this if your ex is not keeping to the agreement as it would have to arbitration, or court to decide. Family arbitration is a method of dispute resolution in which a third party makes a decision about your finances when your relationship has ended.
DivorceResource - 9-Dec-16 @ 10:33 AM
Hi. I divorced my ex-wife over 10 years ago when our kids were still minors. We agreed (in writing with a solicitor) that she will remain in the house until kids are old enough and moved out. After that we will split the house to three parts (one part for her, one for me and one for the kids). We are both re-married; she even moved out of that house and her father is living in there. And she doesn't want to pay me agreed money. How can I get her to pay? thank you
Steve - 8-Dec-16 @ 5:29 PM
Hi I'm separated from my partner of 20 years never married we have a joint morgage he was ordered to leave the family home through breaking a protective order iv 2 children living at home 24 and 16 my ex went to live in England where he's from and pays no maintainance in 3 years he's gone I'm paying full morgage and bills if iv no contact how can I sell the house to move on 70% of house value is profit iv no problem giving him his share he just doesn't want to sell
Softy - 2-Dec-16 @ 3:30 PM
I am separated with my Wife had a son of 14 we are going through Divorce where do I stand the is only in her name? Thanks
Joe - 13-Oct-16 @ 1:36 PM
C. Stewart - Your Question:
My husband divorced his wife 18 months ago whilst they both still lived in England. There was no financial plan or clean break as she never made contact with her solicitor so the Judge granted the divorce in her absence. My husband did offer her a sizable amount of money but she as stated never made contact. Our concern is that we now live in Scotland and have bought a house with the mortgage is in my husband name alone. His ex is seemingly trying to find out where we live and is planning on gaining a financial order. Our concern is would she be able to make a claim on our house in Scotland. Bearing in mind is was bought after the divorce and she has made no financial contribution to it??

Our Response:
I can only suggest your husband seeks legal advice regarding this. While ex's coming to claim more money after a divorce without a clean break is rare, it can happen. For instance if part of an estate was overlooked, or a pension is realised, an ex can even have claim on a lottery win. Paid for legal advice is always best in instances such as this, especially if his ex thinks or has been advised that there is money that she may be entitled to claim.
DivorceResource - 6-May-16 @ 11:50 AM
My husband divorced his wife 18 months ago whilst they both still lived in England. There was no financial plan or clean break as she never made contact with her solicitor so the Judge granted the divorce in her absence.My husband did offer her a sizable amount of money but she as stated never made contact. Our concern is that we now live in Scotland and have bought a house with the mortgage is in my husband name alone.His ex is seemingly trying to find out where we live and is planning on gaining a financial order.Our concern is would she be able to make a claim on our house in Scotland.Bearing in mind is was bought after the divorce and she has made no financial contribution to it??
C. Stewart - 5-May-16 @ 3:45 PM
Jhon - Your Question:
Hi,I was married to a Thai lady for six years. We had property in Thailand (freehold, no mortgage) and a property in the UK (mortgage). I have sole custody of our three children now that we have separated and have remained in the family home, which is solely in my name. Our decree absolute came through two years ago.At the time we agreed verbally that she would keep the property in Thailand (acquired after we were married) and I would keep the property in the UK. Both have similar values. I have copies of title deeds, valuations etc. Foolishly I didn't pursue a clean break order as my ex was (and still is) in permanent opposition to any suggestion I make, no matter how sensible.Now, she has figured out that she can still make a claim for my estate and is denying that her estate in Thailand exists. She is constantly asking me for money, and making all the usual threats.As such I'm considering forcing her hand and making an application for ancillary relief to get her off my back. My question is will the courts take the Thailand estate into consideration? And, if it's all a big show on her part, will she really be entitled to 50% of my estate, even several years down the line?My ex-wife is a devious so and so, is highly skilled at deception but isn't the sharpest tool in the box. Please help,John.

Our Response:
If a mutual agreement was reached at the time of separation but the circumstances have since changed, i.e you have accrued a large lump sum, or considerable profit on an asset sale, then your ex can pursue you for more money. However, if you can prove the house in Thialand exists and was transferred into her ownership then this will help, as will any written agreement made between you at the time and proof of any transfer of funds. What also will help you is that you are the primary carer of your children. I suggest you seek legal advice to see what your options are. It is worth paying to see a solicitor for some useful advice.
DivorceResource - 3-May-16 @ 2:41 PM
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