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Can my ex claim half of my new house?

By , on Tuesday April 30, 2024 at 11:39 am

When you get divorced, the financial commitments you and your ex-partner have towards one another are not automatically severed.

If you do not have a financial order which includes a clean break clause, your former partner could potentially have rights to property after divorce, even if you make a purchase after you separate.

This highlights how important it is to reach a suitable financial settlement during a divorce. Our expert divorce solicitors can provide you with all the advice and support you need, ensuring that your interests are protected in both the present and future.

Is my ex entitled to half my house?

Marital rights to property can be very complex and often depend on both parties’ individual circumstances. There is no automatic ‘entitlement’ to receive a share of a new house purchased after divorce, though there may be certain exceptions to this which are important to keep in mind.

The court may consider assets (such as property) that are acquired after a divorce before assessing what both parties’ requirements are, how much money they have and the length of the marriage.

The most effective way of preventing this possibility is to obtain a consent order with a clean break clause. Having a clean break will mean that, from a specified date, neither party will be able to make further financial claims against the other person. Once in place, it will no longer be possible to make any claims for maintenance, lump sums, pensions or, importantly, property.

You can negotiate a consent order voluntarily, with the assistance of a specialist solicitor. If you and your former partner are happy with the terms you have agreed on, you can then submit the document to the courts.

If you cannot agree, it may be necessary to apply to the courts for a financial order to decide how your matrimonial assets should be divided, and for a clean break clause to be implemented.

How long after a divorce can an ex claim assets in the UK?

There is no time limit for how long financial claims can be made after a divorce. In theory, this means that you could face a financial claim many years after your divorce if you do not have a consent order with a clean break clause in place.

Can my ex claim assets after divorce if I remarry?

Because there is no time limit on how long financial claims can be made after divorce, your former partner could still make a claim for financial provision, even after you remarry and build up a new pool of assets (such as a property).

On the other side, your ex can only make a claim for financial provision up until they remarry. After they remarry, claims are restricted.

Can a clean break order be overturned?

Clean break orders are usually final. However, in very limited circumstances, a clean break order could be overturned. This includes where:

  • There is a very significant and unforeseeable change in circumstances shortly after the order is made.
  • There is evidence of a mistake being made or fraud taking place. A good example of this would be either party failing to provide full financial disclosure.

If a clean break order is overturned, either party could make a claim for financial provision until a new solution is agreed.

Our solicitors are here for you

If you are unsure of you and your ex-partner’s rights to property after divorce or you need advice on negotiating a financial settlement that includes a clean break order, our expert team of family law solicitors will be available to lend their support.

We understand that finances can often prove to be a point of contention between separated partners, during and after a divorce. We are here to ensure you receive carefully tailored advice that is suited to you and your circumstances, ensuring that your interests are firmly protected if you intend to purchase property after your divorce.

For advice on agreeing on a fair divorce settlement that includes a clean break order, or to discuss your options if your former partner is making a claim for financial provision, take advantage of your free 30-minute consultation with our expert divorce financial settlement solicitors by calling 0800 321 3832 or completing our quick online form.

Blog Author - Kate Butler

Kate ButlerKate Butler

Kate is a Northamptonshire-based divorce and family lawyer with Woolley & Co, Solicitors.


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