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.
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.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Do they have rights to enter the property during the Sales process? To have any say on what the property has to be sold for.
Thanks
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.
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
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
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?
We sold our marital home and split the proceeds 50/50 and we each bought our own house. My house is in my name on the mortgage and the deeds.
He now claims my house is his by law. Is this correct? His name does not appear anywhere on any paperwork relating to the property.
My partner is in the services and due to retire within the next 4 years. We gave 2 young children together and no assets other than a 12 year old car.
Is his ex able to stake a claim on his pension and gratuity and if so what will the level be given that we have two children one of 5 and one of 2.
I appreciate it's should of been looked at sooner though finances and health reasons of our youngest have prevented it thus far. I understand the divorce can be granted without question given the length of time passed.
Thanks.
Does this come into action if you were engaged and lived together over 16years, I worked with my partner he cheated on me now I'm financially in debt im struggling and his selling the house will I be able to sue him
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.
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
I 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
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?
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
I am going to start divorce proceedings shortly, the marital home was only a rented property.
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?
Also I remain in the house with our 2 sons, small mortgage left on the property, I wish to stay on in the house due to easy access to their education, he is claiming he wants 50% of the the property value, is this his entitlement? Many thanks Dex
Any advice will be great thanks.
Having read the post where wife and new partner live in same house owned by wife's and ex-husband. The article mentions that no claim on the property can be made if unmarried but can you tell me the legal implications if new partner and wife are married?
My situation is as follows:
I currently live in the home shared by my 'now' new wife and her ex-husband. Both my wife and her ex-husband are on both mortgage and title deed. My wife has two children with her ex that also live in the property and my wife does not contribute anything to the mortgage as the ex-husband pays the mortgage payments on his own albeit interest only mortgage. I however earn a lot more than my wife and I do contribute to the bills,living expenses and general maintenance of the home.
My wife and I are currently in the process of buying a new home and part of the problem we have is that our mortgage broker has instructed us that unless my wife's name comes off the existing mortgage, we are unlikely to get a new mortgage to buy our new home.
The ex-husband is currently in the process of paying his ex-wife a large lump sum payment as part of the financial settlement on the property they once shared together (i.e. never did happen when they divorced) which involves refinancing the existing mortgage in his 'own' name but the ex-husband keeps making excuses that he is in the process of doing this which I quite don't believe he is doing.
Can you please advise if I have any rights on the existing home as I would like to 'scare' him a little to arrange my wife's name to come off existing mortgage so we can purchase our new home.
Thanks,
Michael
My query is similar to one already on here, but my circumstances are slighttly different...
My ex & myself seperated 4yrs ago, after jointly owning our home for 11yrs, she rented another house for 3yrs, whilst i lived in 'our' home. About 8 months ago, we agreed it would better for her to move back, & for me to move out & rent somewhere else, as it would be more stable for her & our 2 kids not to have to keep moving due to the rental market.
The mortgage is in joint names, as are the tilte deeds. It would currently break even if sold (very little equity, if any).
Shes just moved her new partner in, so i wanted to check where i stand legally.
She wants my name off the mortgage, but to be honest, i've struggled for 14 years to provide for her & the kids, & dont want to just hand it over to her & her new fella. I've suggested, they try living together for a year or so, & if they want their own house, i'd try & buy her out, & she could use that money for a deposit on 'their' own place.
Due to hefty debts racked up during our relationship, of which she doesnt pay a penny, as they're mostly in my name, i can only afford to pay her maintenance, so I dont contribute to the mortgage since i moved out.
Our kids are 15yrs & 5yrs old.
I just want to know where i stand legally, & want to be able to leave my kids something to inherit when i pop my cloggs.
So my questions are as follows...
1. If im not contributing to the mortgage anymore, do i still have 50% claim to the property? - I'm happy for her to live there until the kids leave home, if she wants to.
2. If i cant afford both maintenance & half mortgage, should i just pay half mortgage? Would the CSA be on my back if i only paid mortgage & not maintenance?
3. Does her new fella have any claim if he contributes to the mortgage? If they got married, would he have any claim on my 50% of the property?
Appreciate your feedback.
Thanks....
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