my partner's ex wife is trying to come after what i own...!

Deals_2

does anyone know the law on this. we have heard that my partner's ex wife is trying to get money from us even though she was left the house and we are always treating the 3 kids and taking them on holidays, buying bits and pieces. The 3 kids are 2 of 16 years of age and one who has now just turned 18 and in full time employement now (though she did not know what to do with herself and we helped her get a job).
I have bought bits for their mum and her mum (yes i know am mad) but never got a thank you (and i did not snatch the husband away they were divorcing when i met him!). We try and treat these kids as much as our own as i think it should only be fair that they grow up with as much of the same things as possible and we dont have much.
anyway now i hear that the mum and her mum are trying to plot to come after us as they think we are loaded ( i own my uk house though this is mortgages and one all paid for abroad that my mum helped out with) but i dont earn at the moment or very little - same as my partner. As part of the divorce settlement it was agreed that she would take the equity - practically all in the house).

we are not married or signed any agreement. the houses are in my name as i am the owner and purchaser.
does anyone know the law?
is this normal that she can even think she can do anything more? (they are obviously very bitter and jealous people). thanks in advance.

Also if my partner did get a house in his name could she do anything? thanks in advance.

back2square1

I strongly suggest you speak to CAB asap. As your partner is already divorced and the financial settlement should have been completed and processed by the courts then I do not see how his ex-wife can make a claim on any of your assets.

Your partner must have kept his divorce papers and hopefully it should stipulate on there a clean break and neither parties can make a claim on any future monies etc.

Deals_2

i remember reading somewhere that even if agreed in court that a wife could come back and ask for more. though how it affects me - though we may be living toghether and have a child together i am not sure how this can affect us.
yes will look into the Citizens advice bureau too. worth calling CSA maybe to see the situation under a general query?

back2square1 wrote: »

I strongly suggest you speak to CAB asap. As your partner is already divorced and the financial settlement should have been completed and processed by the courts then I do not see how his ex-wife can make a claim on any of your assets.

Your partner must have kept his divorce papers and hopefully it should stipulate on there a clean break and neither parties can make a claim on any future monies etc.

hobo28

I'm no solicitor but as I understand it, if your partner got a clean break divorce then thats it. His ex-wife cannot come back and claim more assets from the marriage.

Child support is different. As long as the children are in full time education then he has to pay.

Since the house is in your name only then you have absolutely nothing to worry about from his ex.

azjh77

Perhaps she is worried now that her child support will be coming to an end, if one child works and the others decide to leave school. She should not be able to touch anything in your name anyway as you are not married. Worth a visit to the CAB just for peace of mind.

Alan50

I divorced my ex a number of years ago, I re-mortgaged to enable her to live else where. On completion of the documents and money transfer my solicitors words where " your ex wife will have no future claims on your assetts now or in the future"...hense clean break divorce.
Your houses are in your name, so you have nothing to be concerned about.

I would make sure your partner is divorced, the decree/nisi court documents that are numbered will give you this information.

As for child maintenance, thats a seperate matter

Hope the information helps

Alan

pusscat

Mr Puss and I have been in the same position....

The advice we have is that

1) A clean break settlement is just that - however under EXTREMELY unusual circumstances an ex wife who has had a clean break settlement may return to court to ask for a variation in the original settlement - however this is not a normal occurence, it is only in really unusual circumstances.
The example we were given is that if there was no money for a settlement as the husband had gambled it all away, but the husband then won the lottery or something like that - it is very very unusual. The longer you go without a variation, the less likely one is to be granted.

2) Child support is a seperate issue. Under the new CSA rules it would be 20% of you PARTNERS income. Nothing to do with you at all. The only time you influence this is if you and your partner have a child - 15% (I think) of his income is reserved for your child first, and then the 20% for his other 2 kids is taken out of the remainder of his income. This lasts until their 18th birthdays.

3) The new partners income/assets are not included in any of these calculations at all.

4) The only issue we can see is if the ex came back and asked for a variation then if we owned a joint house we may possibly have to sell it to fund the variation - so to ensure this does not happen we own our house as tennants in common - in unequal shares. So on the off chance this did happen we could hopefully pay off his ex without selling the house - she would only be entitled to a share of Mr P's share if that makes sense?

I also believe the circumstances change if you and your partner are to marry, but I can't remember the details - I am pretty certain that it brings things more to your favour than te ex's though.

The reality is that the situation is most unlikely to occur, if it does then worst case scenario would be a claim on your partners assets and possibly on his share of any joint assets.

It is always wise to get legal advice for your own specific circumstances, but I don't think you have anything to worry about.

Puss
xx

Deals_2

our solicitor said at the time that she could always try and get more out of him from the CSA. will try Citizens Advice Bureau, CSA and court/solicitor to see all angles as dont trust her now. never again any presents from me to her and her family!!

hobo28 wrote: »

I'm no solicitor but as I understand it, if your partner got a clean break divorce then thats it. His ex-wife cannot come back and claim more assets from the marriage.

Child support is different. As long as the children are in full time education then he has to pay.

Since the house is in your name only then you have absolutely nothing to worry about from his ex.

Deals_2

in his name (he is a builder) will this affect him for maintenance of the kids.

Alan50 wrote: »

I divorced my ex a number of years ago, I re-mortgaged to enable her to live else where. On completion of the documents and money transfer my solicitors words where " your ex wife will have no future claims on your assetts now or in the future"...hense clean break divorce.
Your houses are in your name, so you have nothing to be concerned about.

I would make sure your partner is divorced, the decree/nisi court documents that are numbered will give you this information.

As for child maintenance, thats a seperate matter

Hope the information helps

Alan

Deals_2

by borrowing with his mum to keep roof over head for the kids but she was not interested.

Alan50 wrote: »

I divorced my ex a number of years ago, I re-mortgaged to enable her to live else where. On completion of the documents and money transfer my solicitors words where " your ex wife will have no future claims on your assetts now or in the future"...hense clean break divorce.
Your houses are in your name, so you have nothing to be concerned about.

I would make sure your partner is divorced, the decree/nisi court documents that are numbered will give you this information.

As for child maintenance, thats a seperate matter

Hope the information helps

Alan

Deals_2

thanks a lot for your help.

pusscat wrote: »

Mr Puss and I have been in the same position....

The advice we have is that

1) A clean break settlement is just that - however under EXTREMELY unusual circumstances an ex wife who has had a clean break settlement may return to court to ask for a variation in the original settlement - however this is not a normal occurence, it is only in really unusual circumstances.
The example we were given is that if there was no money for a settlement as the husband had gambled it all away, but the husband then won the lottery or something like that - it is very very unusual. The longer you go without a variation, the less likely one is to be granted.

2) Child support is a seperate issue. Under the new CSA rules it would be 20% of you PARTNERS income. Nothing to do with you at all. The only time you influence this is if you and your partner have a child - 15% (I think) of his income is reserved for your child first, and then the 20% for his other 2 kids is taken out of the remainder of his income. This lasts until their 18th birthdays.

3) The new partners income/assets are not included in any of these calculations at all.

4) The only issue we can see is if the ex came back and asked for a variation then if we owned a joint house we may possibly have to sell it to fund the variation - so to ensure this does not happen we own our house as tennants in common - in unequal shares. So on the off chance this did happen we could hopefully pay off his ex without selling the house - she would only be entitled to a share of Mr P's share if that makes sense?

I also believe the circumstances change if you and your partner are to marry, but I can't remember the details - I am pretty certain that it brings things more to your favour than te ex's though.

The reality is that the situation is most unlikely to occur, if it does then worst case scenario would be a claim on your partners assets and possibly on his share of any joint assets.

It is always wise to get legal advice for your own specific circumstances, but I don't think you have anything to worry about.

Puss
xx