Soon to be ex-wife and future property

1 Post
Newbie
Hi,
I'm currently going through the divorce process, which has taken much longer than hoped due to my ex partner taking her time responding at each step and the court losing some paperwork early on which took a few months to resolve.
I'm hoping the decree nisi should go through in about 6 weeks and a clean break order has been drafted in preparation for this. Neither my ex partner or myself have a property.
It's been a long time now since separation, I've met someone else and we'd like to buy a house together. Our dream home has come up in the right area at a great price, and we don't want to miss this rare opportunity.
Firstly, if I were to complete the purchase if this house with my new partner, prior to the decree absolute or clean break coming into effect, as tenants in common with say a 95/5 split in my new partner's favour, would my ex partner's claim be limited to half of my 5% or half of the entire equity in the new property? My new partner has a lot more to contribute as a deposit than me; I'll probably only be putting ~£5k in that I saved since separation. My ex partner knows of these savings.
I'm currently going through the divorce process, which has taken much longer than hoped due to my ex partner taking her time responding at each step and the court losing some paperwork early on which took a few months to resolve.
I'm hoping the decree nisi should go through in about 6 weeks and a clean break order has been drafted in preparation for this. Neither my ex partner or myself have a property.
It's been a long time now since separation, I've met someone else and we'd like to buy a house together. Our dream home has come up in the right area at a great price, and we don't want to miss this rare opportunity.
Firstly, if I were to complete the purchase if this house with my new partner, prior to the decree absolute or clean break coming into effect, as tenants in common with say a 95/5 split in my new partner's favour, would my ex partner's claim be limited to half of my 5% or half of the entire equity in the new property? My new partner has a lot more to contribute as a deposit than me; I'll probably only be putting ~£5k in that I saved since separation. My ex partner knows of these savings.
If a statement of information is filed with a clean break that states my savings on it, and I then use these savings towards a house purchase before the clean break comes into effect, would this invalidate the clean break or mean that the property is not protected when it does come into effect? Would I need to inform my ex partner that the savings have been used towards the purchase of a property, if a sale were to complete before the clean break comes into effect?
Many thanks in advance
Many thanks in advance
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Replies
You should check this with the mortgage company and with your conveyancing solictor.
If you have no savings, maybe build up a fall back plan.