Can my partners ex wife claim our money/house?

HRH_MUngo

Many years ago, my friend's ex-wife was able to include his new wife's income to pay towards her children.

Never seemed right to me.  Her children were nothing to do with the new wife!

Tranboy

There are two types of consent order. The standard consent order divides property finances pensions  and a clean break consent order does the same thing but after the consent order is granted by the court no future claims can be made against either party.  If a person were to win big on the lottery years later a clean break consent order would mean no claim for say 50% of the winnings could be made wheras the non clean break would allow claims against people and their finances potentially forever afterwards. I had absolutely no knowledge of the difference until I started looking into it for someone else who was having a claim made against them years after divorcing,  I too thought it to be very unfair but unfortunately the law is the law .

Silvertabby

HRH_MUngo said:

Many years ago, my friend's ex-wife was able to include his new wife's income to pay towards her children.

Never seemed right to me.  Her children were nothing to do with the new wife!

Happened to a friend.  When they got married, it was deemed that her new husband's living expenses were less/shared and so he had more 'disposable  income' for his children.

Thrugelmir

Tranboy said:

 I too thought it to be very unfair but unfortunately the law is the law .

Hence why a law was created!  People can only blame themselves and accept responsibility for their own actions. Doing nothing is the easy way out but simply defers and compounds the original problem.  

Emmia

Perhaps you need to get your partner to get the clean break order in place?

ZaSa1418

Silvertabby said:

HRH_MUngo said:

Many years ago, my friend's ex-wife was able to include his new wife's income to pay towards her children.

Never seemed right to me.  Her children were nothing to do with the new wife!

Happened to a friend.  When they got married, it was deemed that her new husband's living expenses were less/shared and so he had more 'disposable  income' for his children.

ah the pre 2003 CSA Days where they took everything into consideration. 

KP20

ZaSa1418 said:

Silvertabby said:

HRH_MUngo said:

Many years ago, my friend's ex-wife was able to include his new wife's income to pay towards her children.

Never seemed right to me.  Her children were nothing to do with the new wife!

Happened to a friend.  When they got married, it was deemed that her new husband's living expenses were less/shared and so he had more 'disposable  income' for his children.

ah the pre 2003 CSA Days where they took everything into consideration. 

Whereas now, they let the NRP reduce their payments for living with stepchildren but still don't take into account the partner's income. Seems quite backwards to me.

TELLIT01

Silvertabby said:

HRH_MUngo said:

Many years ago, my friend's ex-wife was able to include his new wife's income to pay towards her children.

Never seemed right to me.  Her children were nothing to do with the new wife!

Happened to a friend.  When they got married, it was deemed that her new husband's living expenses were less/shared and so he had more 'disposable  income' for his children.

A similar thing happened to a work colleague.  I don't know the full details, but when she and her new husband extended their house, thereby increasing the value, the ex-wife put a claim in for a percentage of that increased value.  Sounds crazy to me, not knowing divorce laws, but it obviously does happen.

lisyloo

Deleted_User said:

Lpinkshoes said:

If there is no clean break consent order and there is good reason why money is owed, then yes, of course the ex can claim.

Is any money owed to the ex wife? I'm assuming the divorce was some time ago? Is she asking for money?

No she isn’t and it was just a thought I had.

But how is she entitled to MY house and MY money?

I think the answer is that she isn’t entitled to your money but she may be entitled to his.
However you cannot physically split a house (you can split it nominally).

was this not considered when you purchased together?

a free half hour with a family law solicitor might be in order.

MalMonroe

HRH_MUngo said:

Many years ago, my friend's ex-wife was able to include his new wife's income to pay towards her children.

Never seemed right to me.  Her children were nothing to do with the new wife!

It seems right to me because they were not just HER children were they? They were THEIR children. Or was your friend not their father? If he was their father then those children definitely had everything to do with him.