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Moving On, But Can an Ex Claim?

By: Chris Nickson - Updated: 11 Sep 2018 | 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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Hi, my partner was “divorced” 12 years ago and moved on with me 7 years ago. We have our own property and are now engaged to be married next year. On looking for his divorce paperwork he can only find the petition (which he agreed to) and not the decree Nissi or absolute. Further, he can’t remember receiving them - he was in his early 20’s when he got married/divorced. If the divorce was never finalised, will his ex-wife (who has moved on herself with 3 more children, but never married) have a claim to any estate or finances? He has always paid child support and they rented the home he lived in before separation and moved out. Any help is greatly appreciated. Thank you.
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Remy Samson - 26-Aug-18 @ 5:03 AM
I have been married to my wife for 40 years and we are just not getting on well. I wish to move out of our home and get on with my life. There is no one else involved. Last year we put our property into a trust, my wife and I being trustees along with our daughter. Is it possible for me to force sale or do I need the support of my daughter to do so.
harry - 20-Aug-18 @ 9:35 AM
I want to put my sons onto my deeds, I am married and sole owner with no mortgage. if I divorce my husband is the % of ownership transferred to my sons safe or is there a period to wait before it is set in stone- as I do not intend for my husband to gain too much from my home as out of 17 years he has only worked for the last 3 years part time and I have paid all the bills and repairs up till then. he seems set on half the house in an argument.
debbie - 19-Aug-18 @ 10:38 AM
Ju - Your Question:
I have been seperated from my husband for 7 years and he is drawing out a lump sum from his pension am I entitled to half of it as we are still legally married.

Our Response:
If you have not had a financial settlement, then yes you should have a claim. Seek legal advice.
DivorceResource - 31-Jul-18 @ 12:05 PM
I have been seperated from my husband for 7 years and he is drawing out a lump sum from his pension am i entitled to half of it as we are still legally married.
Ju - 30-Jul-18 @ 5:32 PM
Hi, my husband is currently trying to realise the interest he holds in a property with his ex wife. She has remarried and moved out, the children are now adults but she refuses to sell and won't allow us access to obtain a valuation. She purchased 3 other properties in her name with money from my husband before they were divorced... No financial agreements were made at the time of divorce... Can we force an order of sale, is this costly and long winded? And does my husband have any entitlement to the other properties? Thanks
Yvonne Szumski - 27-May-18 @ 10:44 AM
Seren- Your Question:
Partner has been seaperatly 19yrsLeft all marital assets to ex in rented accom they lived in.Do either them have any financial claim on the other if they get divorced

Our Response:
If there are still joint finances/assets that have not been agreed/split between them previously, then these would have to be addressed.
DivorceResource - 29-Mar-18 @ 12:37 PM
Partner has been seaperatly 19yrs Left all marital assets to ex in rented accom they lived in. Do either them have any financial claim on the other if they get divorced
Seren - 28-Mar-18 @ 8:53 PM
Hii there I got divorced about 10 yrs ago, left the matrimonial home that we bought together but after about 5 yrs into the marriage my ex-husband changed this into his sole name and gave me £10000. I still contributed towards the mortgate. Anyways I bought another house few yrs after the divorce- all by myself. Just wanted to know if my ex-husband is entitled to anything from my house? Can he claim anything? Or I can make a claim instead as I never went to court for the financial settlement. Thank you
Bee - 27-Feb-18 @ 8:10 PM
I was divorced 10 years ago after my ex wife had an affair. She stole £20.000 from the flexi mortgage account forging my signature to obtain this money . My house then fell into negative equity so I couldn't sell it . I attempted to take her to trial over the fraud that took place and hired a solicitor . But before long I had to pull out of pursuing this matter as my solicitor had doubled his fees and I could no longer afford to pursue her . In one of her pre trial statements she said that the money that she took was her financial settlement for the house . Now I have learned she is coming back to get 50 per cent of the house because after all these years it has gone up in value and there is now equity
Superspark7 - 27-Jan-18 @ 2:29 PM
My husband signed the separation agreement to say he sign the house over to me when I’m in position to take over the mortgage in sole name He is now saying he wants me to sell so he can get his name off the mortgage Can he do this ?
Cc - 31-Dec-17 @ 9:34 AM
I am in the process of going through a divorce and it should be made absolute in the next month or so. My wife left the rented home end of last year with our two children, to live with her new partner and has since had a child within tnhat relationship, I am paying maintenance that we have agreed above the legal required. I have found a new partner and we have set up home together and are about to buy our first house , if we complete on the purchase before the divorce is made absolute will she have any claim on any of its value. My partner has put in half the deposit and my parents have gifted me the other half of the deposit as I have no extra saved funds but just enough money to get buy each month.
John B - 22-Nov-17 @ 3:19 PM
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
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