Buying new house - could ex have a claim?

k_bagpuss

I am currently in the process of buying a new house with my partner. I have been separated from my husband since September 2005 (he'd been having an affair) but with one thing and another (mainly having no need to, or spare cash) I still haven't started my divorce. He is up in Scotland with his new partner and I intend to start proceedings once we are in the house and have the money to do so.

Now I don't think he would but if he got wind of me having this property could he have any legal stake in it whatsoever?

m_13

I don't think you can have a claim on a house unless you are listed as having an interest at the land registry or can show you have paid towards the house.

Are you using money from a previous property with your ex to buy the new property? If not, I wouldn't have thought that he could have a claim.

Do you have children together? If so that could make things different. Here's a related question from www.lawanswers.co.uk:

Will my partner's estranged wife be entitled to claim on any assets in my name when they divorce? My partner and I run a business and I also own some properties in my sole name. My concern is that the ex-wife may seek to claim against these, My partner has verbally agreed to relinquish his share in the marital home when they divorce. Am I right to be worried that she may have a claim against the business and the property assets in my name?

Neither your partner's ex wife (nor come to that your partner as there is no such thing as a "common law marriage") has any claim on property solely owned by you. It is possible however that the share of the business in his ownership could be taken into account in their financial settlement. However your partner has a financial interest in the former marital home which would normally go into the martial "pot" to be divided on their divorce so it is likely this could be offset against the interest in the business (whatever they agreed).

Your partner should take legal advice regarding the financial settlement. He clearly wants to do right by his children but that does not mean he has to give assets away that he has rights to. He does not have to force a sale but his interest in the former marital home could be retained such as transferring the property into his wife's sole name but with a Chargeback to him of a percentage of the equity which would be triggered by various factors such as:

• her later selling the property
• the youngest child reaching the age of 18 or ceasing full time education

These certainly could be options that could be suggested in the negotiations over the final settlement in the bargaining over whether she should get financial consideration for the interest he has in your business

Debt_Free_Chick

My view is "possibly, yes" as when you're married, your assets are considered to be owned, jointly. I'm treading carefully here as the law in Scotland is slightly different, but I think you should proceed with caution - or better still, get advice.

poppysarah

Get divorced. How long you been separated?
Seriously its a few hundred quid and a bit of paperwork if you do it yourself.

You'll save yourself the worry then.

Cat695

A lawyer told me once (when i got divorced for the first time) the only reason to divorce is to remarry.....i think it would be very unlikely (unless using cash from what he had previously been owed) that he would beable to get any part of your house.

especially after so long of being seperated.

barnaby-bear

Debt_Free_Chick wrote: »

My view is "possibly, yes" as when you're married, your assets are considered to be owned, jointly. I'm treading carefully here as the law in Scotland is slightly different, but I think you should proceed with caution - or better still, get advice.

This is true - a friend inherited a house while separated and basically lost their equity of the marital home as a result - their legal advice was pretty rubbish though

poppysarah

I got divorced after separating. Because I didn't want to be married to him anymore. It's not complicated and if he doesn't object thenit is pretty easy and quick. If he does object you just write back with more info on the form (And the fact he objects to gtting divorced doesn't really matter - there are only a very few cases that ever go to court in order to insist on staying married)
The woman in the court when I went to get the final bit of paper said "see you again" ...

Caz3121

In your case it may be better to divorce under Scottish law in which case the value of the assets at September 05 is what is relevant.
In Scotland the finances are finalised before the divorce. Doesn't have to be expensive if you both agree (plus Scotland is now 1 year with consent or 2 without. Not sure whether you can kick it off or whether he has to

k_bagpuss

"Get divorced. How long you been separated?
Seriously its a few hundred quid and a bit of paperwork if you do it yourself."

We've been separated since Sept 2005, and we had no property or savings so he's no come back on that. And I know it's just a few hundred quid but there's always been other bills to pay / things to do and money was just too tight. And now I'm buying this property there's even more bills coming in, especially as we couldn't avoid the stamp duty :mad:

But I think it's probably wise to start the ball rolling now. He did say he'd pay half but I ain't going to hold my breath!

Skidoobee

Debt_Free_Chick wrote: »

My view is "possibly, yes" as when you're married, your assets are considered to be owned, jointly. I'm treading carefully here as the law in Scotland is slightly different, but I think you should proceed with caution - or better still, get advice.

With certain assets maybe but my understanding with property is that the registered title is all important; if the property in a marriage is in one partners name, the other partner has to jump through hoops to prove they have an interest in that property by proving mortgage payments, other investment etc.

I would say if it became before a court the name on the title deed is 99% of the law- it's then up to the other person who has a claim against it to prove it. It of course works the other way, eg if creditors are chasing a debt which is why so many business people have property put solely into their wifes/husbands name lol

I'd be interested on anybody else's view on this too.