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

By: Emma Jones - Updated: 4 Jan 2017 | 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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[Add a Comment]
@GP - Did you have rights to the property when you divorced? Did your ex buy you out? Was your own divorce a clean break divorce? You would have to speak to a solicitor to find out. Jon.
JJ - 5-Jan-17 @ 9:49 AM
My husband and his ex-wife just sold their farm per judge's order. their divorce occurred 3 years ago. The title company says I have to sign paperwork at closing. Do I have any rights to proceeds from the sale?
GP - 4-Jan-17 @ 1:45 AM
Big - Your Question:
I have been married for 2 years and together for 4 years and left my wife 3 months ago, I have a 3 year old son with her. My question is I bought the house that she still lives in at the beginning of 2015, the house is in my name(only name on the mortgage deeds) and I paid the deposit. She is demanding I pay everything (all bills, her car till may next year) which is financially breaking me. She wants to file for divorce on grounds of adultery because I met some a few days after leaving her, any advice would be greatly appreciated as financially something has to give

Our Response:
If you were married at the time you bought the house, regardless of what 'you' paid, as you are married it will still be considered jointly owned. While you are not obliged to pay bills or for her car (if you have separated), you are legally obliged to pay towards the mortgage as otherwise the house may be repossessed. You will also be eligible to pay child maintenance. Therefore, I would seek legal advice in order to explore your options.
RelationshipExpert - 21-Dec-16 @ 1:00 PM
I have been married for 2 years and together for 4 years and left my wife 3 months ago, I have a 3 year old son with her. My question is I bought the house that she still lives in at the beginning of 2015, the house is in my name(only name on the mortgage deeds) and I paid the deposit. She is demanding I pay everything(all bills, her car till may next year) which is financially breaking me. She wants to file for divorce on grounds of adultery because I met some a few days after leaving her, any advice would be greatly appreciated as financially something has to give
Big - 20-Dec-16 @ 10:10 PM
Truckstar - Your Question:
I've moved in with my partner and son and her ex husband is trying to get a forced sale on the property.I have declare my finances on a form E but does her ex husband have any rights over any my assets as I own my own property.

Our Response:
No, your partner's ex husband has no rights over your self-owned property.
RelationshipExpert - 7-Nov-16 @ 12:25 PM
I've moved in with my partner and son and her ex husband is trying to get a forced sale on the property. I have declare my finances on a form E but does her ex husband have any rights over any my assets as I own my own property.
Truckstar - 6-Nov-16 @ 7:32 PM
sare - Your Question:
My husband and I split up a year ago. I have moved into rented accommodation with our two kids. We built and moved into our home 12 years ago. We have been married for 9 years. Although my name is not on the mortgage I have asked for half the equity in the house which he has declined. As I understand I have the right to ask for this as it was the matrimonial home. He is now moving in his new partner in and they are expecting twins. I suppose what I want to know is, Am I entitled to any of the equity and will the new partner now have any entitlement?

Our Response:
If you are married and have children, then by rights you have a claim on the house, especially if the house was not a pre-marital asset, meaning your husband owned it, or put up the capital prior to marriage. I would seek legal advice regarding this asap, as it is less likely you could force your ex to sell once his new partner moves in and there are children involved. Your ex's new partner will be able to register an interest on the property if they have children and stay together for a good length of time. However, despite this, you still have a claim, but you would have to take the matter to court if your husband refuses to buy you out.
RelationshipExpert - 13-Oct-16 @ 11:54 AM
My husband and I split up a year ago. I have moved into rented accommodation with our two kids. We built and moved into our home 12 years ago. We have been married for 9 years. Although my name is not on the mortgage I have asked for half the equity in the house which he has declined. As I understand I have the right to ask for this as it was the matrimonial home. He is now moving in his new partner in and they are expecting twins. I suppose what I want to know is, Am I entitled to any of the equity and will the new partner now have any entitlement?
sare - 12-Oct-16 @ 2:25 PM
Hi my ex husband has remarried. Both our names are on the deeds, we have not sorted out the finically side of our divorce. Does his new wife have any claim on the property. I pay all the bills, mortgage and repair bills. Two children under 18 envolved. Kind regards
Finn - 3-Oct-16 @ 2:16 PM
berley - Your Question:
HiI sold my house and the money l made from the sale went into a new property, my ex partner moved in with me for a while and paid towards the mortgage and bills,the mortgage is in my name, we split up 8 months ago, l am now selling the property is he entitled any money when the property is sold

Our Response:
Much depends upon how much your ex put into the property financially and whether he contributed significantly to any improvements etc. However, it is unlikely if the mortgage is registered in your name and the relationship was short. Therefore, unless he has asked for money, sought legal advice, registered an interest and/or you agreed at some point to give him some money should you sell, then it's highly unlikley he will have any recourse to interfere with your sale.
RelationshipExpert - 8-Aug-16 @ 10:17 AM
Hi I sold my house and the money l made from the sale went into a new property, my ex partner moved in with me fora while and paid towards the mortgage and bills,the mortgage is in my name, we split up 8 months ago, l am now selling the property is he entitled any money when the property is sold
berley - 7-Aug-16 @ 7:54 AM
David hughes- Your Question:
Hi,I own 2 properties one which was purchased before marriage and was a cash purchase which I currently let out. The deeds for this house are soly on my name. The seccond property was also a cash purchase half owned with my parents this was brought during the marriage can my ex have a cliam on both properies?

Our Response:
It depends on the length of your marriage, whether you have children between you and other circumstances a court will take into consideration, if your ex applies. Therefore, I suggest you seek legal advice.
RelationshipExpert - 20-Jun-16 @ 2:47 PM
Hi, I own 2 properties one which was purchased before marriage and was a cash purchase which i currently let out. The deeds for this house are soly on my name. The seccond property was also a cash purchase half owned with my parents this was brought during the marriage can my ex have a cliam on both properies?
David hughes - 19-Jun-16 @ 11:34 PM
My ex wife left our home 8 years ago and she left our 2 children with me and not paid anything to the house since she left or supported the children I'm now selling the house as the children have grown up and she wants half of it is she entitled to anything as she walked out on us all 8years ago
Mark - 4-Jun-16 @ 10:10 AM
My current husband of 2 years and his ex wife jointly own the home that we live in. She voluntarily moved out in july 2013. They were married for 14 years but since she wanted a quick divorce because she didn't want her current flame to know she was married she agreed to give up any rights she had to any kind of money or spousal support she might of gotten. They both did the divorce paperwork alone with no attorneys. She never showed up for the court date so he got the divorce just as quick as they filed. Unfortunately since this was so quick, nothing for the house was drawn up so her name is still on the mortgage and deed along with his.We have not seen or heard from her since November 2013 when she signed the papers for the divorce. Our question is, we want her name off of the house. If we dont know where on gods earth she is how are we supposed to go about this? Our main concern is, if something were to happen to my husband he doesnt want me or our daughter misplaced or something go wrong because my name is not on anything. We really want to try to get her off of the house whether it be by buying her out or her just signing it over. But how can we do that when shes MIA?
gemmasmom86 - 3-Jun-16 @ 3:58 PM
Robspecial222 - Your Question:
Hi my wife and I split up a year and a half ago after she had an affair.I left the house for sake of the children. The house and mortgage is in my name but she has been paying the bills since I left. She has applied for a mortgage to buy me out but been refused and is not willing to sell the house. The guy who she had the affair with stays every night and has done for months but denies him living there. What action do you recommend intake?Many thanks

Our Response:
I advise you seek legal advice here. The tricky part is that your wife cannot get a mortgage to buy you out putting you in a stalemate position that could last a while. If you have children then a judge is unlikely to request your family leave the house as staying may be seen as in their best interests. If there is enough equity in the house to be able to split it, the court may consider this as long as your children would not be rendered homeless. However, if finances are tough and your ex cannot buy you out then you may have to continue paying the mortgage until either your ex's financial situation is resolved or your children leave school. With regards to your ex's new parnter, if you are against him moving in, then you may be able to prevent this (or if he does then there may be repercussions). However, if he is not 'officially' living there, then this may be tricky also, which is why you should see a solicitor in order to explore all options.
RelationshipExpert - 26-May-16 @ 1:43 PM
Hi my wife and I split up a year and a half ago after she had an affair. I left the house for sake of the children. The house and mortgage is in my name but she has been paying the bills since I left. She has applied for a mortgage to buy me out but been refused and is not willing to sell the house. The guy who she had the affair with stays every night and has done for months but denies him living there. What action do you recommend intake? Many thanks
Robspecial222 - 25-May-16 @ 10:51 PM
My ex partner who I added On my mortgage lived with me for 13 years never paid a penny towards bills,, has refused to sign my house over to me
Sarah - 22-Apr-16 @ 9:05 PM
Help - Your Question:
I live in a my house for 13 years in that time I met a guy thinking it was the real deal ( wrong ) I put his name on the Mortage 1 1/2 later we split up he's never paid the Mortage now 5 years later he's asked me to sell the house where do I stand

Our Response:
I can only suggest you seek professional legal advice regarding this as a solicitor will be able to give you the best advice regarding your options here.
RelationshipExpert - 4-Mar-16 @ 12:35 PM
I live in a my house for 13 years in that time I met a guy thinking it was the real deal ( wrong ) I put his name on the Mortage 1 1/2 later we split up he's never paid the Mortage now 5 years later he's asked me to sell the house where do I stand
Help - 3-Mar-16 @ 4:43 PM
Hi I got divorced from my ex wife 15 years ago I have a new girlfriend now and I want to sell my house and move in with my girlfriend. Can my ex wife still make a claim on half my house? The house is only in my name thank you Russ
russabbott35 - 18-Feb-16 @ 9:19 AM
Fitch- Your Question:
I have not lived with my husband for 3 years. I have met someone new and he wants to buy a house together. Will my husband have a claim on it if I were to go ahead?I am going to start divorce proceedings shortly, the marital home was only a rented property.

Our Response:
If you have not drawn up a separation agreement and there are still joint assets between you, then these will need to be sorted out. Your husband will have no claim on a house you have bought post-separation, unless you use money/assets that could be considered jointly owned. It is always best to sort out your former finances through divorce, so no further complications can arise.
RelationshipExpert - 9-Feb-16 @ 10:31 AM
I have not lived with my husband for 3 years. I have met someone new and he wants to buy a house together. Will my husband have a claim on it if I were to go ahead? I am going to start divorce proceedings shortly, the marital home was only a rented property.
Fitch - 8-Feb-16 @ 2:32 PM
Can a partner who is not a legal owner of a house (the house is jointly owned by me and my sister) claim a share in a house after paying the mortgage of some years? he moved in 5 years ago and started to pay one of the sister's (his girlfriend) mortgage instalments, now he wants a share
sarah - 23-Jan-16 @ 7:08 PM
am87 - Your Question:
Hi me and my ex are separated and sold our martial home and went 50/50 on the money made from the property and have no other money finacially from our marriage. I moved into rented with a new partner and my children.We are now looking at buying a property together with the money made off the property and also a gift from my parents. My question is because I'm still married to my ex husband would he be entitled to any from my joint property with my new partner as we had sold our family home in agreement and 50/50 split?

Our Response:
Your ex would not be entitled to anything from this arrangement as long as you can prove the money is a gift from your parents and not money you had previously together with your ex.
RelationshipExpert - 19-Jan-16 @ 1:01 PM
Hi me and my ex are separated and sold our martial home and went 50/50 on the money made from the property and have no other money finacially from our marriage. I moved into rented with a new partner and my children.We are now looking at buying a property together with the money made off the property and also a gift from my parents. My question is because I'm still married to my ex husband would he be entitled to any from my joint property with my new partner as we had sold our family home in agreement and 50/50 split?
am87 - 18-Jan-16 @ 4:58 PM
Hi I have not been with my ex for over 3 years but my name is still on the mortgage and over the years I have asked to be removed yet due to financial reason this could not be done. If the property is sold where would I stand on being entitled to a share?
Wondering - 15-Jan-16 @ 8:20 PM
@ the one. Theoretically no. If you can prove you put up the money, and you are not married and there are no joint children involved. It would rest on how long you have been together and what she has contributed towards the property in that time, which will determine if she will be allocated an amount.
Ollie - 5-Jan-16 @ 12:42 PM
I recently purchased a house with no mortgage my name and girlfriend name both on deed but she didn't pay a penny can she make me sell or pay her half advice please
the one - 5-Jan-16 @ 12:23 AM
@Dex - you would have to seek some legal advice on both of these matters as your financial settlement will be more complex than the norm and will have to take into account your more detailed circumstances. If you can't agree a settlement between yourselves, it may be one that the court will have to decide.
RelationshipExpert - 27-Jul-15 @ 2:06 PM
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