can my ex claim on new house?

ade6789

Hi,


My wife and I are buying a new house together. However, my wife is worried that my ex wife, and possibly my children, will be able to make a claim on the house that we are buying together.
I have been divorced for 5 years, and there was no extra notes on the divorce papers regarding having a claim on any future moneys.
Can anyone make a claim on the new house?


thanks........

wannabe_sybil

Did you get a clean break order?

Someone is claiming on their ex twenty years after the divorce because there was no clean break order.

Guest101

It's likely - no

But worth paying the £80 for a solicitor to make sure.

ade6789

I'm not sure whether there was a clean break order, I will have a look at the divorce paper work tonight.

densol_2

It will be written in the " consent order " which is only valid if it's agreed by a judge ( paper agreement ) and stamped by the court. It will be clear if there are no claims to be made - when alive or when dead and on the estate. Watch out for things like " pay £10 a year maintenance " or anything like that - as those leave the way open for applications to vary and apply for increase

bigheadxx

If you had a financial settlement then no.

Bossypants

ade6789 wrote: »

Hi,


My wife and I are buying a new house together. However, my wife is worried that my ex wife, and possibly my children, will be able to make a claim on the house that we are buying together.
I have been divorced for 5 years, and there was no extra notes on the divorce papers regarding having a claim on any future moneys.
Can anyone make a claim on the new house?


thanks........

That part jumps out at me. Maybe it's me being stupid, but I don't see what claim a child would have on a parent's property? Do you have child support to pay, and if so, have you been paying it?

teddysmum

Bossypants wrote: »

That part jumps out at me. Maybe it's me being stupid, but I don't see what claim a child would have on a parent's property? Do you have child support to pay, and if so, have you been paying it?

Perhaps the OP is worried about the effect of claims should he die.

wannabe_sybil

*bigheadxx* a financial settlement isn't always the same as a clean break order. If there is a clause involving maintenance for eg £1 a year then yes, there will be potentially a claim.

If you haven't got a clean break order then you can still get one now, though your ex may wonder why. How are relations with your ex?

If you pay maintenance to the children and die while still paying maintenance then I think the children will have a claim on your estate, which will include the house. If you are paying maintenance to your wife and you die then she will also have a claim on your estate.

It may be worth investing some money in a solicitor's appointment to check the paper work. Good luck.

ade6789

There is no clean break order, it just says that the divorce is final and absolute.
I have rung the courts before and they have said that the divorce was final and that there was no financial order, so that effectively my ex cannot claim anything from me.


I have also looked through the internet and spoken to the CAB, and have found out that because my ex is re-marrying later this year, that once she is married, she can no longer make any claims against me. This is nice to know!


As for my children claiming, I know they wouldn't, but my ex and I don't get on and I know she is capable of convincing my youngest (who is autistic) that he should do, or say things. My wife is just concerned that everything she has worked so hard for may be at risk.
I am pretty sure that nothing can happen, she is just worried and being cautious, understandably! as she has worked hard and done well for herself.


So we just have to wait until my ex has married, then I can join the mortgage and know that we are safe from any further interference.


thanks for any and all advice

ade6789

oh, and yes, I have always regularly paid child maintenance