How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 33004
Experience:  25 years exeperience
Type Your UK Property Law Question Here...
Clare is online now
A new question is answered every 9 seconds

My partner has recently divorced his first wife. They jointly

This answer was rated:

My partner has recently divorced his first wife. They jointly own the matrimonial home, as she is in too much debt to obtain a remortgage in her own name. She also has an IVA agreement. She resides in the property and as far as we know pays all the bills etc. She has recently remarried to a Gambian man that she is now trying to bring to the UK. They have an 11 year old son who on paper lives with his father but spends some time with his mother. I live on my own in my property (approx 60%) equity. If we marry, does his ex wife have any claim against my property in the event she defaults on her own mortgage? I understand they are jointly and severally liable for the morgage against the matrimonial home, but is my home safe?
Thank you for your question
I shall do my best to assist you but I need some further information first
Has there been a Financial Order within the divorce proceedings?
Customer: replied 3 years ago.

No. as they have an "amicable" agreement, and she was in such a hurry to remarry (5 days after absolute) there was no time. Apparently.

How much is the property worth and how much is outstanding on the mortgage?
Customer: replied 3 years ago.

Recent similar properties have sold on the same street for 120k. I believe their mortgage is approximately 100k . However, the house is in a poor state of repair (partly finished bathroom, garden a mess, no carpets in places)

His ex has absolutely no claim against you and your property in any way shape or form
Indeed her only claim against your partner is for her share of any joint assets since she has already remarried
The only minor risk would be if your partner became a joint owner of your house - then if his house was repossessed and there was a shortfall your house could be at risk
I hope that this is of assistance - please ask if you need further information
Customer: replied 3 years ago.

His name has not been, nor ever will be on my morgage, but even if we marry, am I correct in thinking it does not automatically become a "marital asset".


Also does it make any difference that his ex wifes new husband is non UK resident?

Once you are married your husband will have a potential claim on your property - but not one which a creditor could pursue.
The nationality of her husband is not relevant
Clare and other UK Property Law Specialists are ready to help you

Related UK Property Law Questions