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AIBU?

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Original poster

Can EXW claim on new property?!

73 replies

jjheights · 15/09/2024 21:26

Been with my partner for 2.5 years. He's not keen on marriage after being divorced once. He has two children (twins) with his EXW. They are 20. I am CF and never married.

He wants to buy a place together and of course, live together. I am unsure as I'm not sure how well I'd be protected in the event of things going wrong. EXW tried to ask about (for) my payslips and financial status via the courts a while ago. This was later denied much to her frustration. I obviously work and will also be paying equal amounts for a property.

To be clear, there was a financial settlement between them etc... from about 2019. Can she claim on the house in the event of something happening to him? How best do I protect myself?

She has asked that the house go to her children in the event he's no longer here. That would render me homeless, which is clearly insane.

Can she claim on a joint asset? Could I be left without a place to live without the security of marriage?

OP posts:
unsync · 15/09/2024 21:34

Was it a clean break settlement or was she awarded spousal support? How old is she? What is her earning potential vs her exH's earning potential?

Original poster
jjheights · 15/09/2024 21:36

unsync · 15/09/2024 21:34

Was it a clean break settlement or was she awarded spousal support? How old is she? What is her earning potential vs her exH's earning potential?

@unsync Clean break settlement and no spousal support. She doesn't need to work again. Never has worked. Extremely extremely rich as a result of the divorce. As in rich list 'rich'.

OP posts:
Cerialkiller · 15/09/2024 21:38

If the both the devorce and financial settlement (these are two separate processes) have been completed and there is a clean break i.e. no further support due like spousal required between them then she's just being nosy/cheeky and ignore her.

The kids are grown and there is no reason to have any contact. Block her yourself and your oh needs some boundaries in place re contact.

FoxtrotOscarKindaDay · 15/09/2024 21:39

Make sure the financial settlement is settled. The children are 20, is he still paying child support for them?

The EXW should have no claim at all on anything after his divorce. Check with a solicitor to make sure but unless you are in Scotland, he doesn't have to leave anything to children either.

Notsuchafattynow · 15/09/2024 21:40

She is Rich List rich, but wanted to see your payslips!!!!!!!

Mandylovescandy · 15/09/2024 21:45

Sounds like she wouldn't have a claim with the clean break and surely you could be tenants in common which would protect your half. I don't totally disagree about the inheritance aspect (not that it is anything to do with her what he decides to do) though I think from the sound of it your DP is rich enough that the kids must be well provided for without the property. I think discussing the inheritance aspect with him is more important than her having any interest in your property

Storytimetime · 15/09/2024 21:49

She’s on the rich list because of the divorce, so your partner must be incredibly wealthy. So unless you are a multimillionaire, I don’t get why your assets are even significant in the grand scheme of things?

Soontobe60 · 15/09/2024 21:52

To be fair, if she’s wealthy as a result of divorce then he must also be.
My sister died young and left 2 children. The house went to her DP. He married very soon after and had a further child. Apparently his new will leaves the house completely to his wife despite the fact that he was only able to buy it outright as a result of my sister’s life insurance. His wife’s will leaves the house to her child.
The house should be bought as tenants in common relative to the amount of money each of you put into it, and he should make a will leaving his share to his children with the provision of you being able to remain in the property until you die.

Original poster
jjheights · 15/09/2024 21:53

Storytimetime · 15/09/2024 21:49

She’s on the rich list because of the divorce, so your partner must be incredibly wealthy. So unless you are a multimillionaire, I don’t get why your assets are even significant in the grand scheme of things?

@Storytimetime I don't get it either!!

OP posts:
Original poster
jjheights · 15/09/2024 21:54

Soontobe60 · 15/09/2024 21:52

To be fair, if she’s wealthy as a result of divorce then he must also be.
My sister died young and left 2 children. The house went to her DP. He married very soon after and had a further child. Apparently his new will leaves the house completely to his wife despite the fact that he was only able to buy it outright as a result of my sister’s life insurance. His wife’s will leaves the house to her child.
The house should be bought as tenants in common relative to the amount of money each of you put into it, and he should make a will leaving his share to his children with the provision of you being able to remain in the property until you die.

This is exactly what I suggested. Obviously I am paying into the house too so I would hope to live there in the event of something happening to him, but after I'm gone - and since I am CF - it should go to his children.

OP posts:
Original poster
jjheights · 15/09/2024 21:55

Notsuchafattynow · 15/09/2024 21:40

She is Rich List rich, but wanted to see your payslips!!!!!!!

I know! The mind boggles.

OP posts:
Original poster
jjheights · 15/09/2024 21:56

Mandylovescandy · 15/09/2024 21:45

Sounds like she wouldn't have a claim with the clean break and surely you could be tenants in common which would protect your half. I don't totally disagree about the inheritance aspect (not that it is anything to do with her what he decides to do) though I think from the sound of it your DP is rich enough that the kids must be well provided for without the property. I think discussing the inheritance aspect with him is more important than her having any interest in your property

They are very very well provided for as is, yes. But as per my post above, I am only too happy for the house to go to them after I'm gone too, since I am CF.

OP posts:
SerenityNowInsanityLater · 15/09/2024 21:58

Of course not.
They’re divorced. The only way she’d have a claim is if they were separated and had never finalised the divorce.
It’s a clean break. She doesn’t have a leg to stand on.
That said, your partner isn’t keen on
marriage. Do your homework before you buy a property together as an unmarried couple. You don’t want to leave yourself financially vulnerable.

Josette77 · 15/09/2024 22:00

If I die first my partner will get to live here until he dies. The house is in my name only, but he will be paying the mortgage one day when we live together.

After he dies the house goes to my ds automatically.

LePetitMaman · 15/09/2024 22:03

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AnotherNC22 · 15/09/2024 22:04

Sorry i cant give any advice but did anyone else have to read twice to understand CF? I was trying to figure out where OP was being a cheeky fucker before I realised you meant childfree 🙈

Original poster
jjheights · 15/09/2024 22:06

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@LePetitMaman Are you saying I'm making this up?

OP posts:
Ohnobackagain · 15/09/2024 22:12

@jjheights just because you’re child free doesn’t have to mean the house you buy with DP goes to his kids? You can leave your share to whoever you want, as can he, if you are tenants in common. You could each give the other a life interest, or the right to live there a defined number of years after the other party dies. Or you can insist the house is sold so that your and his beneficiaries can get their share.

LePetitMaman · 15/09/2024 22:17

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patchworkbear · 15/09/2024 22:20

I'm sure you've posted about this before. The advice then wouldn't be any different than what you'll receive on this thread.

patchworkbear · 15/09/2024 22:22

Wow @LePetitMaman- that is harsh.

LePetitMaman · 15/09/2024 22:24

patchworkbear · 15/09/2024 22:22

Wow @LePetitMaman- that is harsh.

Why? It's true. Not liking that it's the strong reality doesn't make it harsh.

LePetitMaman · 15/09/2024 22:27

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Whothefuckdoesthat · 15/09/2024 22:29

jjheights · 15/09/2024 22:06

@LePetitMaman Are you saying I'm making this up?

Show quote history

What gave it away?

patchworkbear · 15/09/2024 22:29

@LePetitMaman- I totally agree with you! That doesn't take away from the fact that the OP is in a shit situation. I hope she's strong enough to accept how little her other half thinks of her.