It is a common question in divorce: “Can my ex claim money from my new partner?” Or: “Can my new partner’s ex claim against me?” It seems to be a fear for most spouses going through the divorce process who are cohabiting, or thinking about cohabiting, with a new partner. When I receive questions like this, I always think: this time I will give a really short, clear answer. But just like my efforts at colouring in when younger, I end up going over the lines. So it is with my blog posts about English family law.
And so to the virtual postbag. This is the question, posed by C:
I would like to know that if my new partner and I got together (living or married) could his ex-wife claim on my monthly wage? Plus I own my house outright would she have any claim on that?
Thank you.
Each case turns on its own facts. This is what lawyers say all the time to just about every enquiry that comes in their direction. Put another way, it is essential to know the facts of a given situation if any advice is to be given in a legal context. To say anything useful in response to C’s question I will need to colour outside the lines. And I have written before about the status of co-habitees in family law. Now, as every regular reader of my blog will know, I do not, ever, give out advice. I can only make observations or prompt further questions for my readers to consider.
Can my ex claim money from my new partner?
So, in answer to C’s question, I can make the following points:
- Since it is your house, your new partner’s ex cannot make any claim against your property. Full stop.
- I presume that your reference to your new partner’s ex-wife means that he has obtained a divorce and a financial settlement. If he has NOT finalised his divorce and financial settlement, and you move in together, he must disclose that fact to his solicitors. If he does not have solicitors, then he must disclose that fact to his wife or her solicitors. This is called the duty of disclosure.
- If the divorce and financial settlement have not been sorted out yet, and you move in together then his ex’s solicitors may say that you represent a resource to your partner. The fact that you are housing him means that he may not need as much of the equity in his matrimonial home as his ex-wife. If your partner has children from his marriage and they are predominantly going to live with his ex-wife then she may say their housing needs should be added to her own housing needs so she should have more of the equity. And anyway, her lawyers may say, since you are helping your partner to address his housing needs, the ex-wife can how have more of the equity since he does not have as great a need.
- If the divorce and financial settlement have not been sorted, and the ex-wife wants spousal maintenance then she will say the fact that you are living together means that you are sharing your living expenses so perhaps this frees up a bit more income for spousal maintenance. But she cannot claim against your monthly income. That is your money – not your partner’s nor his ex-wife’s.
- But, if the divorce and financial settlement have been sorted then the impact of you living together is more limited. There should be a final court order dealing with the matrimonial finances. The key thing is whether the ex-wife has an order for spousal maintenance. If she does, then she may argue that moving in with you means that your partner is sharing his living costs with you so he can afford to pay his ex a bit more. The ex-wife may therefore make an application to vary her spousal maintenance upwards.
- And C should remember to consider protecting her own position in relation to her new partner if she lets him move in. What about a cohabitation agreement between you to sort out who pays what over the course of time?
I could go on quite a bit with these observations. The answer to “Can my ex claim money from my new partner?” is not as straightforward as it might appear. But I have almost worn down my crayons so time to pack it in.
Tags: cohabitation
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I am currently getting divorced, but no financial settlement has been sorted. I currently earn a considerable amount more than my spouse and my solicitor fears here may be a claim for spousal maintenance.
I am considering buying a new property with my new partner that would no equity in it of my own, deposit put in by my partner, and would like to know if my ex has any claim on this property. Also my new partner has 2 dependant children that would be living with us and there would also be a high mortgage now to repay.
Would this help me in my ability to stop spousal maintenance being raised, or would my ex still potentially have a claim.
My ex is living in the marital home that is paid for outright. And I plan to let her ave this as part of the divorce.-
Hi…i am buying a house outright in my name with my inheritence ..
I am married and just need to know whether my husbands ex wife would be able to touch it?-
Hi, my partners decree nisi came through last January but is still caught up in the financial arrangements and so no sign of the absolute. We are wanting to put the last two years behind us and move on with our lives together. We have had to rent during this time due to so that we wouldn’t lose another property during the financial hearings. However, we are desperate to settle and build a happy life for ourselves (before our baby is born) if we were to put some money into a house with both of our names on the mortgage is there still the possibility that his ex wife will take this from us (we plan to buy a house equal or below the cost of hers)? As the Nisi has already been granted would this house be counted as non-matrimonial?
Many thanks for any advise you can give
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Hello,
My new partner is going through a divorce having been separated for some time. We are currently cohabiting in one of their marital properties, but I am currently looking at purchasing a house of my own. My partner and his ex have 2 children together and he has always paid maintenance in fair amounts. My partner has just received a letter from his solicitor asking for details of my finances for disclosure. Are we on strong grounds to refuse given that I am not contributing and purchasing my own property?
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Alan,
Your website has been very helpful but just wanted some advice on an issue similar to the above. My partner has been divorced for a few years but has a child who he is paying maintenance for via the CSA. We are thinking of buying a property together but the arrangement is not 50:50, I have more money to put towards a deposit and a higher earning capacity, therefore I am worried about his ex wife being able to make a claim to our property together – whether that be the whole property or his portion. This is despite his divorce finances being settled.
Also if we ever got married does that mean the child maintenance would be calculated on our joint income or just his own?
Many thanks.
Abby
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Hi
I had a very short marriage 18mths then filed for divorce i divorced him many reasons bad. did not get absolute til 5 yrs later as he would not pay small court order was not worth going to fight over small amount. so just got absolute.
well i signed the form i relishwish all rights to HIs future stuff inheritance. but i dont think he sighned his to me so want i want to know is if i get a good job and come into some money can he get anymore money off me or if i get re married. at the time he even wanted alomoney from me only on 20k them and he earned alot more but self employed so hid it very bad bloke been stalked too so basically can he ever come after me for any money
thanks xx
we had no children only i mine as as such a short marriage he did not have to pay anything he just had to pay me small amount which he didnt
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My partner is married but I have been with him for 16 years, living in my house for 7 years and then for the last 7 years living in a house we chose together but the house is in his name. I have recently sold my house. He has a will with his wife, I currently none.
If we were to now put the house in my name or joint names what claim would his wife have on our home?-
I divorced my ex using a online service, we had a verbal agreement to sort out some financial stuff afterwards but she as gone back on the agreement, can i do anything about this
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i seperated from my wife in 2010, i currently live with my new partner
in her house, my ex is now wishing to file for the divorce an wants me
to supply her with our address, however due to the nature of my ex
i do not wish to tell her my address, for the purpose of divorce am i able
use a c/o address for the purpose of having papers served-
Dear Alan
Thank you for your reply 13 February 2014. However my situation has some what changed recently in that my partner’s wife has died and was wondering what position this now puts me in as cohabitee? There are 3 adult children from their marriage, I have 2 adult children of my own who both live with us, one disabled. It has transpired that the deceased wife had somehow managed to put their jointly owned property into her sole name back in 2001!which no doubt was why she never bothered divorceing him and anyway that would have made things too easy for us. Why is life so complicated!!-
Hi Alan,
My partner has a decree nisi and we’re waiting for the 6 weeks to pass so he can get his absolute. We are wanting to get married next year and then buy a property together in the near future. I have a considerable sum I would be putting in as deposit. If we did this and bought a house, putting it in both of our names once we’re married,would his ex be entitled to anything? Himself and his ex didn’t have children or own any property. We’ve discussed him getting a clean break order but I read that unless she agrees to it, it could be a very lengthy and costly process. She has tried to stall the divorce at every opportunity and been very difficult so I doubt she would sign a clean break agreement. Please help, it makes me scared to marry him for fear of loosing my parents money to her!!
Cara-
After a two day contested hearing I was awarded a lump sum . Six years later I have still not received anywhere near the amount I was awarded ( interest is added daily ) . My ex is and has been cohabiting prior to the order but I have now found out she has bought the house they were supposedly renting . How do I find out if he has a beneficial interest in that property with all the Data protection act twaddle that I got when he was recently called in to answer questions to a court official
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Hi just a quick question
I have been separated from my wife for over 2 years now , we have 3 children which I pay for through csa, and have them stay with me also, I currently have a new partner but not living together, she has sold her house and we are in process of buying a house together with her putting all capital from sale of hers into new one with both of us getting new mortgage, my question is does my ex have any claim on my new property ( we rented when together) when we file for divorce ?-
My ex husband has applied for a variation in my spousal maint order. His income will reduce to equal mine. But does his wifes earnings class as an income and be taken into account when and if he applies to vary to order?
Thank you.-
Help!
My partner is going through a divorce with his wife but he has moved in with me and my children. It’s my house and my mortgage but he does contribute (aka rent). My partner has a house that he rents out which used to be the martial home however only his name on that mortgage. Can my partners ex claim anything from me and my property? They have no children together. I’m just worried I may have to disclose my financial situation to her and she gets money off me. Any advice would be gratefully received.-
Hi,
I have been divorced for over a year now and have join custody of my son. When we divorced, neither of us put in for a clean break order. A week ago, I received a letter from my ex-wife’s solicitor asking me to agree to a clean break order, so that neither of us could claim off the other financially in the future. However, this is total out of the blue and I have knowledge that she has another man living with her, that she hasn’t disclosed officially. Should she have to disclose this officially before we agree to the order for it to be valid? And if an agreement isn’t made, would their combined assets/income be taken into account?
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