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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