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Clare
Clare, Solicitor
Category: UK Property Law
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Experience:  25 years exeperience
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My partner has recently divorced his first wife. They jointly

Resolved Question:

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?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Clare replied 1 year ago.
HI
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?
Claire
Customer: replied 1 year 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.

Expert:  Clare replied 1 year ago.
Hi
How much is the property worth and how much is outstanding on the mortgage?
Claire
Customer: replied 1 year 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)

Expert:  Clare replied 1 year ago.
Hi
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
Claire
Customer: replied 1 year 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?

Expert:  Clare replied 1 year ago.
Hi
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
Claire
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 28620
Experience: 25 years exeperience
Clare and 3 other UK Property Law Specialists are ready to help you

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