Will his ex be entitled to a share of our new home?

JoanneC_2 · 9 January 2007 at 5:13PM

I have a query and I'm in need of some advice- My boyfriend has separated from his wife but they are not yet divorced. We are going to buy a new house in about six months. When they do eventually get divorced will she have any claim on the house we have bought together?
I am putting down the deposit (about £80000), he has approx £3000 which we will use for furniture, carpets etc. So you can see why I'm worried, it's mostly my money!!!!!
They probably won't get divorced before we buy the house (she is threatening to move away with their child at the moment and my boyfriend feels that asking for a divorce now will only make matters worse) They have been to the solicitors and have agreed custody and financial matters and my boyfriend has a Deed Extract Minute of Agreement from the Registers of Scotland confirming this. As far as the financial side of things are concerned they have agreed a maintainance payment (which increases every year with the RPI), they have divided up all their assets and dealt with all their joint debt and it states in the agreement that neither party have a claim on any future financial assests e.g. my boyfriends pension etc
But you know what these agreements are like - sometimes they are not worth the paper they are written on and I'm worried that when they do eventually get divorced that she'll have some claim on the money tied up in the house even though I'll be paying the whole £80000 deposit my boyfriend will be sharing the mortgage so it'll be in joint names so maybe she'll have a claim on it!! Any advice?

arthur_dent_2 · 9 January 2007 at 8:14PM

If it is Ok with your OH I would hold back on having the new mortgage in joint names until the divorce is 100% resolved. If possible, buy the house in your name and then change it later. It doesn't sound like she has a claim but it is better to be safe than sorry.