Moving On, But Can an Ex Claim?

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?

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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