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Can Ex's New Partner Make Claims on My Property?

By: Emma Jones - Updated: 19 Nov 2018 | comments*Discuss
 
Can Ex's New Partner Make Claims On My Property?

Q.

My wife and I have recently split up due to her committing adultery. She has since moved another man into what was our marital house. His name does not appear on any official bill or document or deed.

I am concerned that he may acquire some sort of rights to the property over time simply by his living at the address.

I pay the mortgage, as I have always done. The house is in my wife's and my name only.

(I.H, 10 February 2009)

A.

When a relationship breaks down not only are there the overwhelming emotions to deal with but also the practical and financial implications. Having moved out of the marital home because of your wife’s adultery it must be difficult to face her decision to move another man in. However, rest assured that this new man can have no claim over your property or any other joint possessions or investments that you have with your wife.

When an unmarried couple live together, whatever the circumstances, they do not have the same rights as a married couple. Many people believe in the idea of ‘common law’ relationships but cohabiting couples have no legal standing. If your wife and her new partner split up then he cannot make any claims on the property, even if he has been contributing towards the mortgage.

The only way that he would have any claim would be if your partner put his name on the deeds, but if this is jointly held with you then she would be unable to do so without your consent. The man may be living in your marital home, but that is all he can do with the property. He will be unable to claim any share of it.

A couple that are living together may decide to draw up a cohabitation agreement to protect or divide their assets if they split. However, these are still not recognised as legally binding and because the property is jointly owned by you, it would not be valid anyway. So, basically there is no way, unless your ex and her new partner decide to marry, that he will be able to lay any claim to your house.

As difficult as it may seem at the moment, the best thing you can do is try to talk to your ex-wife. Raise your concerns with her, explain what the law is and try to come to an agreement. It may be best for you both to consider selling the marital home so you can both start afresh. These are difficult and emotional decisions to make, but try and do them civilly and sensibly but also consider seeking legal advice.

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Hi there, I bought a property in 2015 with my ex partner. I had considerable equity to bring to the property when we bought it and we unfortunately broke up. I met a new guy who had been separated from his wife for 4 years. My new partner remortgaged with me to buy my ex partners equity. We have been together 18 months and now his divorce is in progress. His ex wife is seeking a property adjustment order and a settlement or transfer of property in relation to the children. We had a declaration of trust set up to show that my partner has zero equity at present and he put zero deposit down. Does this protect us?
AC - 19-Nov-18 @ 6:10 PM
Hi can someone’s help please. So I bought a house seven months ago solely. I let my girlfriend move in with her two children. She has now split with me, reason being not happy. She will not leave. What can I do. She has no connection to the property or bills and just simply my girlfriend. The two children are hers with other people.
Kelly - 29-Oct-18 @ 1:47 PM
Gamble - Your Question:
Hi, my ex and I split up 5 years ago after living together in a property in my sole name for 15yr. I always paid for all bills and mortgage ect. We have one child together and due to this we agreed on a settlement payment drafted by a solicitor and signed 2 year ago. She has now been diagnosed with a mental health issue and is saying she wasn’t in the right mind when she agreed and now wants more. We were not married.Can she make a claim and win or would this be too costly to do?

Our Response:
Your ex can make a claim. It will be costly, as these things are. Unfortunately, we cannot predict what a court may decide.
RelationshipExpert - 3-Sep-18 @ 3:58 PM
Hi, my ex and I split up 5 years ago after living together in a property in my sole name for 15yr. I always paid for all bills and mortgage ect. We have one child togetherand due to this we agreed on a settlement payment drafted by a solicitor and signed 2 year ago. She has now been diagnosed with a mental health issue and is saying she wasn’t in the right mind when she agreed and now wants more. We were not married.Can she make a claim and win or would this be too costly to do?
Gamble - 30-Aug-18 @ 8:18 PM
Suze - Your Question:
My husband's ex partner left the house (which my husband owns ,mortgage solely in his name)in 1999 and put a claim on this property.This has now been lifted as we want to sell to a family member.SHe is trying to claim she is entitled to 40% (£62,000),Is this right as she never put a penny towards it.my husband and me have been married now for 14 years

Our Response:
Much depends upon how long they were together and whether they had children together. It's impossible to say whether his ex is 'entitled' - only your husband and his ex, or a court can decide this.
RelationshipExpert - 10-Jul-18 @ 11:46 AM
My husband's ex partner left the house (which my husband owns ,mortgage solely in his name)in 1999 and put a claim on this property.This has now been lifted as we want to sell to a family member.SHe is trying to claim she is entitled to 40% (£62,000),Is this right as she never put a penny towards it .my husband and me have been married now for 14 years
Suze - 9-Jul-18 @ 5:44 PM
Hi not sure if anyone can help..... My partner bought a house Nov 2013 . His now ex moved in with him however she never paid towards the deposit and her name was not on the mortgage or the deeds. For 2 years she contributed £500 towards the bills etc but at the time the mortgage was £1200 a month which he was paying himself. She stopped working and contributing after the first 2 years and the relationship broke down in Sep 2016 due to her being mentally and physically abusive towards him but he allowed her to continue living there for free as she had no money, no job and nowhere to go. We met last year and things are going well so in April he told her to leave, she had no money so he gave her £6000 thinking that would be an end to it. She is now back for more money but he has tod her there isn't any. She has told him it's her house too and he had no right to kick her out and she wants half the house which he's not agreeing to. I think deep down she knows that's not true. She has got a job 50 miles from where she is currently living, she says the commute is too much every day so she has told him if he lets her move back in the house on the days that he is at work [he doesn't want to see or speak to her] and use the house as a base for work that after a year she won't make a claim on his house which he is scared of loosing. She is planning to have the paperwork drawn up by a solicitor. I'm very unhappy about her living back in the house at all. Can she do this and is she even entitled to anything from the house anyway? Thanks
rose - 3-Jul-18 @ 5:45 PM
My partner and her seperated husband have a mortgage on a property she still stays in. She pays 100% of the mortgage and has done for over 3 years since they seperated. He states that legally he can stop us living together in the house because he owns 50%. Is this correct?
Scott - 19-Jun-18 @ 9:09 PM
omarsk - Your Question:
Hi.I was married 9 years where we got house and years later flat to be rent out. When my ex husband left with his new girlfriend he moved into flat. House is with mortgage for 30 years , 20 left to pay. Flat was for loan which was only for 5 years. I put lalf of £ 15000 deposit into buying flat and £15000 was loan. He left me paying one year £750 and now £460 +- on my own where he was paying £200 for loan monthly. After 4 year paying mortgage all by myself house is for sale and he still live in flat. What I am entitled to when it comes to split after sale ? Am I entitled to half and half of both properties ?

Our Response:
If you were married and bought both properties together, then you are both entitled to a share of each property. Agreeing between you what you both perceive to be a fair split, or via mediation or a solicitor are your best options.
RelationshipExpert - 19-Jun-18 @ 2:33 PM
Hi .I was married 9 years where we got house and years later flat to be rent out . When my ex husband left with his new girlfriend he moved into flat . House is with mortgage for 30 years , 20 left to pay ... Flat was for loan which was only for 5 years . I put lalf of £ 15000 deposit into buying flat and £15000 was loan . He left me paying one year £750 and now £460 +- on my own where he was paying £200 for loan monthly . After 4 year paying mortgage all by myself house is for sale and he still live in flat . What I am entitled to when it comes to split after sale ? Am I entitled to half and half of both properties ?
omarsk - 18-Jun-18 @ 4:01 PM
Piran - Your Question:
My husband has a property in Spain and is in joint name with his ex wife. And we have a child together. Do I have any rights to that house at all?

Our Response:
If the house is in joint names with his ex-wife, then you may be entitled to part of his share of the equity (if you are his current wife). However, much depends upon the length of your marriage and other circumstances. You may wish to seek legal advice.
RelationshipExpert - 15-Jun-18 @ 10:56 AM
My husband has a property in Spain and is in joint name with his ex wife.And we have a child together.Do I have any rights to that house at all?
Piran - 14-Jun-18 @ 2:24 PM
Danfoss - Your Question:
Hi , me and my ex divorced in 2012 and separated 2010 she said at the time and now as well she wants no part of the house never contributed to any mortgage payments, her name is on the mortgage, she now wants off the mortgage because she cannot apply for a new mortgage with her new partner, I have gone through the motions of changing mortgage but now I have to get a declaration signed by her to remove her from it that has to be validated by a solicitor, and she is willing to do this, my worry is a solicitor may see this as a chance to talk her into asking for money off the property would she have a valid claim after all this time ?

Our Response:
If you were married, then your ex could have legal recourse to claim. Much depends upon the length of the marriage and the amount of equity in the house at time of separation. You may wish to seek legal advice, as it is difficult to advise on the small amount of information you have given.
RelationshipExpert - 31-May-18 @ 2:39 PM
Hi , me and my ex divorced in 2012 and separated 2010 she said at the time and now as well she wants no part of the house never contributed to any mortgage payments, her name is on the mortgage, she now wants off the mortgage because she cannot apply for a new mortgage with her new partner, I have gone through the motions of changing mortgage but now I have to get a declaration signed by her to remove her from it that has to be validated by a solicitor, and she is willing to do this, my worry is a solicitor may see this as a chance to talk her into asking for money off the property would she have a valid claim after all this time ?
Danfoss - 29-May-18 @ 11:25 AM
@Jakey - only if there is any equity in the house might she be entitled to something. Otherwise, the longer you pay on the mortgage, the less she would be entitled to in the future.
Judeg - 5-Apr-18 @ 11:13 AM
I divorced in July 2013 I had a joint mortgage this was not settled as in negative equity,The ex walked away and has not contributed for 5years what would she be entitled to
Jakey - 4-Apr-18 @ 3:56 PM
My boyfriend is in the process of getting a divorce he wants us to buy a co-op together should I wait until the divorce is final if something should happen to him before the divorce is final will the wife or his children have a claim
Ty - 4-Apr-18 @ 10:08 AM
Concerned sister - Your Question:
Hi there, Just wondering if you can give me some advice please?My sister and her husband spilt 2 years ago and have been divorced nearly a year. She is still trying to get him to sell their marital home or buy her out. If he marries his new girlfriend would she then have a claim on the house as his new wife? I am really worried for my sister as she is not very clued up about legalities and he is a under writer who has managed to swerve giving my sister anything after they split even money for things for the children. Hope you can please give me any advice.Kind regards

Our Response:
If your sister's ex remarries, the house will be considered a pre-marital asset and therefore his new wife would have little or no claim. However, it would be advisable for your sister to try to have the issue resolved. If her ex is refusing to come to a separation agreement, your sister would be advised to take legal advice. A court can force the sale of a house. You don't say whether there are mutual children involved. If there are, a court will decide based upon the needs of the children first. If there are no children involved, it is still beneficial the situation is resolved as a) it may prevent your sister from getting another mortgage b) if his new partner has children, then it complicates matters further. You might encourage her to take legal advice if there is equity in the house.
RelationshipExpert - 20-Mar-18 @ 2:00 PM
Hi there, Just wondering if you can give me some advice please? My sister and her husband spilt 2 years ago and have been divorced nearly a year. She is still trying to get him to sell their marital home or buy her out. If he marries his new girlfriend would she then have a claim on the house as his new wife? I am really worried for my sister as she is not very clued up about legalities and he is a under writer who has managed to swerve giving my sister anything after they split even money for things for the children. Hope you can please give me any advice. Kind regards
Concerned sister - 16-Mar-18 @ 9:24 PM
lin - Your Question:
I have equity release on my home iam getting married what would my future husbands rights be

Our Response:
Your husband would have rights once you marry, the longer the marriage, the more rights he will have. Therefore, a pre-nuptual agreement may work if there are financial issues you wish to have agreed prior to marriage.
RelationshipExpert - 6-Feb-18 @ 11:13 AM
I have equity release on my home iam getting married what would my future husbands rights be
lin - 5-Feb-18 @ 4:36 PM
J - Your Question:
Does my husband have a claim on my house. The house is in my name and I had a small morgage when he moved in 2008. When my Mother died in 2011 I paid the morgage off with inheritance. The house is still not name

Our Response:
Much depends upon the length of your marriage, i.e the longer the marriage, the greater the claim. Plus, if the inheritance was used to pay off the mortgage before separation, then it is likely to be included in the marital pot. The law states that the needs of both parties have to be met from the available resources, whatever their origin. You may wish to seek legal advice in order to explore your options fully.
RelationshipExpert - 10-Nov-17 @ 11:56 AM
Does my husband have a claim on my house. The house is in my name and I had a small morgage when he moved in 2008. When my Mother died in 2011 I paid the morgage off with inheritance. The house is still not name
J - 7-Nov-17 @ 5:08 PM
Simples - Your Question:
Hi, I split from my partner of 8 years 4 months after buying our first property. She paid the deposit of £70000 and I took outmortgage £120000 and added her on to it. A deed of trust is in place which states when the property is sold it should be split 69% to her 31% to me. It also indemnifys us if one doesn't pay there share of the mortgage the other will cover it. Due to the split my ex lives In the property with my daughter and soon to be born baby of her new partner pays £530pcm mortgage. I rent a room at £500pcm elsewhere. As I am unable to live in our property I don't contribute to the mortgage and my ex has now stopped me seeing my daughter as I will not sign the house over to her for free. My point is by us splitting doesn't mean I give up my investment in the property however she's told me she will take me to court to have me forced to sign the deed over. Is this possible? I was under the impression her only option would be to buy me out? Thank you in advance for your help

Our Response:
Much depends upon what the court decides. However, if your ex is living in the house with your child, then depending on the circumstances, the court can force you to sign the house over to your ex. You may wish to seek legal advice in order to explore your rights. If your ex does take the matter to court, remember it will cost both of you financially. If you can come to a fair agreement out of court, this will be a better option for you both.
RelationshipExpert - 24-Oct-17 @ 12:42 PM
Hi, I split from my partner of 8 years 4 months after buying our first property. She paid the deposit of £70000 and I took outmortgage £120000 and added her on to it. A deed of trust is in place which states when the property is sold it should be split 69% to her 31% to me. It also indemnifys us if one doesn't pay there share of the mortgage the other will cover it. Due to the split my ex lives In the property with my daughter and soon to be born baby of her new partner pays £530pcm mortgage. I rent a room at £500pcm elsewhere. As I am unable to live in our property I don't contribute to the mortgage and my ex has now stopped me seeing my daughter as I will not sign the house over to her for free. My point is by us splitting doesn't mean I give up my investment in the property however she's told me she will take me to court to have me forced to sign the deed over. Is this possible? I was under the impression her only option would be to buy me out? Thank you in advance for your help
Simples - 21-Oct-17 @ 11:38 AM
emi9903 - Your Question:
My partner and I separated 18 months ago when he ran off to Africa with another woman. We have a joint mortgage on our house which I am living in with our son.I have found out that he has since married the other woman abroad.My question is does she have any rights over my home? And what happens if they divorce will she be entitled to part of my home?

Our Response:
If the mortgage is joint, then he does have a claim on the house. However, much depends upon your financial situation and whether you can afford to take over the mortgage or buy him out. If you can, this is the easiest way to resolve the situation. If you can't then you would have to negotiate with him whether you should stay in the house with your children with him continuing to pay his half of the mortgage, or whether you should sell in order to release his equity (if there is any) and free him from the mortgage. If anything happens to your ex, then his wife would legally have his claim on the house through marriage. Legal advice may be needed here.
RelationshipExpert - 19-Oct-17 @ 2:07 PM
My partner and I separated 18 months ago when he ran off to Africa with another woman. We have a joint mortgage on our house which I am living in with our son. I have found out that he has since married the other woman abroad. My question is does she have any rights over my home? And what happens if they divorce will she be entitled to part of my home?
emi9903 - 18-Oct-17 @ 8:04 PM
@Royston - have you divorced? If you haven't of if you haven't had a clean break divorce you might be able to. It would have to go to court though if your ex disagrees with your change of heart.
Aussy - 22-Aug-17 @ 3:54 PM
I divorced my wife 10 years ago but gave her 70% sale of our old marital home via mediation. She has now decided to sell for a vast amount , am I entitled to some of the 70% proceeds that I originally gave ? I gave this amount for the children and now they are older would like to give them the money as it was originally to keep a roof over their head .
Royston - 17-Aug-17 @ 1:24 PM
Me and and wife split up 5 years ago and I left with my clothing only (kids still lived there so I didn't want to take anything away). I'm now living with a new partner who owns her own house (my name isn't on as a joint owner), I have a car which is on HP and I've bought stuff for this house......when I apply for a divorce can my ex wife take any of my stuff
Rob - 15-Aug-17 @ 10:53 PM
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