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can my ex claim on new house?

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Comments

  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Once your wife remarries, she will be unable to claim agaisnt you. However, it would potentially be open to her to make a claim under Schedule 1 of the children Act on behalf of the children (if they are still children)

    Under the inheritance Act, your ex wife and children might be able to make a claim against your estate if they felt that you had failed to make proper provision for them in your will.

    Any claims which your ex wife or your children might make would be against your interest in the new property only, they could not claim against your wife's share. If you own as joint tenants then the presumption would that you own 50/50. If you own as tenants in common then your trust deed will define what share you each have, and your ex wife would be able to claim against your share only.

    If you have not already done so, it would be sensible to make a will. Make sure that you tell the lawyer that you are divorced with no clean break order and make nptes of why it is reasonable to leave nothing to your ex (e.g. a summary of what share she had of the joint assets when you split, the fact that the current house was paid for from assets built up since separating etc) that would help make it easier for your executors to defeat any potential claim she might make in the event of your death. You will should also include provision to cover child support (unless you already have life insurance in place to py this if you die while the children are still dependent)
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • ade6789
    ade6789 Posts: 6 Forumite
    My eldest is nearly 18, so I won't have top worry on his account soon, my youngest is 13 and he would never think about that sort of thing, but as I said, I know my ex can, and has twisted things, using his ability to not understand things against me. So, thanks for the advice. I will make sure I have the correct will made up.
    We would own the house as tenants in common.
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