Claims By Ex-Wife

[fraser]

i know i will have to go to a solicitor, but just wondering if anyone have been in the same situation, wife left in February this year and living with someone else. I pay the mortgage bills etc its my name only on the deeds, no kids involved she expecting me to buy her out when the house is sold. I don't mind giving her a small amount but when we got together she took nothing off her first husband for the kids, and I paid her debts off etc. any idea where I would stand?

[tonywiltshire]

Fraser you are not in a poor position if your wife has now moved to another location, your house and services are in your name and there are no children or domestic violence involved, try to agree with your wife the financial arrangements rather than have them arranged by the Court, then perhaps speak to a solicitor to ensure nothing has been overlooked or perhaps have a memorandum of understanding prepared by a mediator. You do not say if your wife worked and her salary was used to pay the mortgage or if without her assistance you could not pay the mortgage, which may give her legal grounds to make a claim, has she seen a solicitor and started proceedings? Try to keep on good relations with your wife and always be reasonable, remember all that is now required is for one party to claim there has been an irretrievable break down of the marriage. You are not responsible for any debts in the sole name of your wife or for which you were not guarantor; it may be worth arranging at least one meeting with a solicitor as soon as possible and provide them with full information.

[boxtops]

from my own experience, I'd go to a solicitor. Your wife can't claim half the house if she didn't pay anything into the mortgage or bills - it needs to be carefully sorted out in the first instance, to avoid problems later. I don't understand why her first husband didn't contribute towards his children - he had a legal obligation to do that. Seek legal advice, don't delay it any longer.

[tonywiltshire]

Good advice from boxtops who seems to speak from experience, It has been successfully argued that a spouse who is not named on property documents is entitled to part of the property if the named person relied on their spouse to assist with general payments or provide services (often child care) that permitted the named person to make the mortgage payments.

[bednobs]

i dont really understand what you mean when you say she will expect you to buy her out when it's sold - usually when one person wants the other to buy them out, it means the house isn't sold