can partner claim on new property?

Madhatter42

My boyfriend of 2 years is in the process of getting a divorce. He has been separated for 3 years and has 2 children with his ex wife. They sold the matrimonal home 3 years ago and the equity they had (about 30k each) was divided between them.

My boyfriend bought himself a new home with his share and his ex wife paid some of her debts off - and we dont know what else with the other). She also took the brand new car and sold this later to downsize... but she did not buy a property.

Their youngest son who is 11 developed health problems and his ex wife stayed at home to look after him, and their eldest son (16) when he needed it. She receives housing benefit and income support etc and lives in private rented accommodation.

The divorce forms were all signed and filed with the court with no quabbles over finances as payments to his children are made regularly, and more over the holidays, he also shares half custody of them too so has them equal time to his ex wife. So they were both in agreement it was a straightforward divorce.

All has seemed amicable but my partner just received an email from his wife (after a small argument) and she now wants to seek legal advice about getting a pension - to secure her future etc... This my partner is not too concerned about as he recognises that she has not worked and could not provide her own pension, and she looked after their children etc...
His big worry is that she will also be advised by a solicitor that she should ask for EVERYTHING. By this, he feels that she may have a claim on his property - the one he bought AFTER their separation and with his share of the sale of the matrimonial home.

He will be seeking proper legal advice but would like to know if anyone can offer any advice or knowledge on this? I was supposed to be moving in with him very soon, with the intention we will both be buying a property together next spring. So we have put this off in the meantime until he has got his decree absolute and advice, we feel she may have a claim on any property we buy together too?

Ive been reading stories that seem awful for some people. He may have been a bit foolish and thought that once they took the sale of the house and split them 50/50 3 years ago that was it.

Any help would be gratefully received thank you.

HappyMJ

The legal advice should help. It's all down to negotiation. The pension is part of the marriage but then the debts could also be considered part of the marriage if the money was borrowed and used to pay for the households needs. So although she got half the equity she could have repaid debt that was actually joint debt so never got anything tangible.

What your boyfriend did with his money after separation is not part of the matrimonial assets so no claim can be made against the house but can be made against the £30,000 that he took out of the funds released from the property if that split was deemed unfair.

double_mummy

did they complete a financial order at the time of the divorce?

Madhatter42

No they didnt do a financial order, just whatever was on the court forms. They both signed to say that they are both in agreement with finances for the kids etc, its not quite an order though is it. If the judge believes its fair, i.e. him having joint custody and paying more than enough each month, then it should be straight forward.

They have the first hearing end of July, but he said they don't have to attend.
He got advice from a friend who said that the divorce should go through without any hold up, she is after his pension, which she can do at any time of her life apparently.

She has become very money grabbing and her relationship of 2 years has broken down and i think this has changed her alot.

I said before, he isnt too worried about the pension side, but his fear is having to give her half the house - or the value of the equity. Their debts were joint, i.e. the car debt of £20k was paid off with the equity, but she took the car... i guess there is alot to look at. Hopefully she will just want the pension....

Madhatter42

Just to add, the ex wife's debts were private debts owed to family for costs for some cosmetic surgery. So i dont think this could be looked at as such a "debt" like to those of a finance company.

I think i begrudge him having to give her cash to "buy her out of his life" as he put it, i think he should make her wait and do a transfer or earmark the pension. But maybe if he does a consent thing and makes an offer, that would be it and she cant come back years later after we've built a life etc and want more.

Madhatter42

it was asked about how the split was, it is totally amicable, she just stopped wanting to be married to him, was bored, asked for a separation, he agreed, that was it, and until now its mostly been very amicable - trivial arguments about swapping weekends occurs but nothing serious.

sulkisu

I suspect that the sons health problems, might have a big part to play here. You don't say what they are, but lone parents are expected to look for work once their youngest child reaches the age of 5. If their son is 11 and she is able to claim income support etc, instead of JSA while actively seeking work, this suggests that the problem is not a small one. Could she be claiming DLA etc for him as well? Faced with that, it is understandable that she (or your partner if the roles were reversed) might be looking to the future in a way that she probably wasn't prior to this. Maybe they feel that the goal posts have changed. Ultimately, they need to do what they feel s best/right - even if you disagree with it.

Madhatter42

I agree. He has no doubts about making a settlement with regards to his Pension, his concern is that she has spent her lump sum from the sale of the house, and now she could potentially force him to re-mortgage, to pay her off. He pays a good sum of money to her for his boys each month, and gives extra during holidays so she can run them about... we are the ones that take them away on holiday, at least 5 weeks of the year, as she cannot afford to do this.

Its just a shame if she is entitled to his house after their matrimonial home was sold.

Newly_retired

If they have joint custody and equal time with the children, I don't see why he is paying her for their upkeep, apart from a share of extra costs eg during the holidays.
He should definitely take legal advice, but apart from the pension, I don't believe he will lose anything further.

TBagpuss

If they cannot agree, and a court makes the decision, then the Judge has to come up with a settlement which is fair in all the circumstances. Those would include looking at the former agreement, what each of them had from the house, but also their needs, the differences in their incomes and earning capacities etc.

It may be fair for her to have a further lump sum, as it may be that a 50/50 split of the original proceeds was not really appropriate if he is the higher earner, but the fact that she has already had 0 of the net equity will not be ignored (so a court could determine that she ought to have had 60% to start with, and order your partner to pay another 10%, but would be unlikely to say that she should have 50% of the equity in his new property because she has spent the money she had from the house sale.

Madhatter42

Thank you all for your advice. It all sounds reasonable but cannot say for sure what will happen,
I will be happy to post an outcome when its all settled as it could help others.

In the meantime keep posting if you know anything more... thanks again!