Can my assets be used in new partners divorce?

[littlebitpanicky]

I have been seeing a man for almost a year now and he has recently moved in with me, I know it’s fast but he’s been separated a while, she left him before I met him and he was living separately in rented accommodation.

He is going to be getting divorced soon and I’m wondering if because he’s living with me in my house, will my house and assets be taken into consideration when the divorce goes through?
It’s early days in the relationship and I don’t want him to lose everything because of me.
He is still paying a mortgage for the family home where his ex and children are living but was hoping to sell the home and use his half the money along with my home to put towards a bigger house.
I don’t have any children and own mine outright.
Has he shot himself in the foot by moving in with me?

Why would he not? My brother and wife’s assets were split in half - she was able to buy him out the family home. Everything was split down the middle and he purchased a 4 bed that allowed for shared custody.

Potentially because it may disrupt the children. Who paid more is irrelevant as marital assets are jointly owned.

It depends. It will either be a needs case or an equal sharing case depending on the level of assets. If giving each person half will meet their needs or if both their needs are equal (eg no kids and similar incomes) then it will be split 50/50.
If one person has higher needs and that person is also the primary carer for the children, it’s unlikely to be split equally because the children and the needier person take priority. In the first instance the kids need a house to live in (doesn’t have to be the marital home). If the wife only works weekends she won’t have the same mortgage capacity as the husband and she also has the kids full time so she will need more than him.

You need proper advice because a lot of this seems inaccurate. My ex was mid divorce when we moved in together and they went to court over finances, they asked for my earning and assets and I refused to give them and they proceeded without. Obviously I would have handed them over if the court asked but her solicitors asked and I just replied saying we keep our finances separate so there is no need for them.

In hindsight it’s a good job we did because I was blinded by love and didn’t see he was trying to pull one over on her and then tried the same on me - he was unsuccessful both times!

Can he move in with his parents?

Which would be what? Him walking away with less than 50% of his hard earned money, pension and property because he didn’t birth the children?

He's not bringing them up, he chooses to only see them 8 days a month.

OP don't give up your asset to buy a house with anyone!

He's still married and he's living with you and planning to buy a house with you?

dep if it’s amicable or not. Neither my ex nor I declared our new dp’s assets not houses we had bought as we agreed the split between ourselves and only needed the rubber stamping for the pension company

Why should he? He has to provide a home for his children

Because, as my solicitor explained to me, you’re entitled to the same standard of living. So if one of you has the DC more or one of you is earning more it can affect what you are entitled to.

Be careful that if he doesn't get what he thinks his entitled to he doesn't blame you.

My exH moved in with his partner within three months of us splitting. As I had our two children full time, I got 75% of the equity when we sold. His partner’s finances weren’t taken into account, but it definitely counted as him having a home (whereas I needed money to house me and the children.)

This is just my experience, of course. Sample of one, but maybe useful.

Great catch. He has an ex who is the primary carer and he wants to sell the house where his children live and expects to get half the money?

No decent judge will award him that if he isn't the resident parent, he will get far less than half the share. Do you not see anything wrong with him? Dump him and don't have DC with him .

You must be mad moving somebody in who is still married to somebody else. Yes your assets will be taken into account, certainly his needs will be seen to be met as he is now cohabiting and he most definitely will not get half of anything if the children are living with their mum. Their needs will trump his. It won’t affect your assets materially but you may well be asked for financial disclosure (this happened in my case, Judge ordered OW to disclose). He needs to see a solicitor asap.

It does depend on how much the house is worth and how much equity. So, eg a 5-bed family home worth 800k in an area where the wife could get a smaller but adequate house for 450k, it needs to be sold and she can’t stay there. If on the other hand, it’s a three bedroom semi that costs about the same as other similar houses in the area and she can’t get a mortgage, then it makes sense for her to stay with the house being sold later when the kids are grown up.

You shouldn't have met his children at this stage let alone be living with their father. He's clearly not a responsible dad and I hope his ex gets looked upon favourably by the courts.

Oh and to add, I got 100% of the marital assets, my ex got nothing. This is unusual obviously, and my circumstances were specific, but it’s another example of what can happen.

Because that’s how it works. This is a great example of why you don’t move in with a new partner while either of you are married to somebody else.

no, the mother does the childcare full time , also these are not his assets, property and pension, they are the wife's and kids also. It is a family, not a man's world

This 100%
I’ve seen this happen to a female friend who moved in with her boyfriend
he would be better off paying for a bedsit where he officially lives (or paying you rent!) than living with you for free

Plus you’re better off if he pays so he can’t later claim anything from you

He's freeloading.

I went through this and my assets were not a consideration in the divorce, despite the ex wanting them to be, so I think legally it won’t affect you.

If he wants 50% of the assets, he needs to do 50% of the childcare to allow his ex wife to work as well. Not for her to work and juggle childcare either, the childcare on his 50% would be his responsibility too.

Dont forget that married is 'all my worldly goods' In law that means everything is in the pot, is considered family asset. So if he was happy for her not to be working FT to raise the kids, so that he could concentrate on building his career without being hindered by household and child hindrance, he cant be griping now that she hasnt put her 50% into the pot. She just did it in kind, not pennies.

At least in divorce a mothers contribution to raising kids and sacrificing her own earning potential is valued and considered as important as bringing home the bacon. It seems from remarks like this though, that for many people they really dont value the contribution at all.

Not divorced, finances not sorted but already planning to use "his half" of the money to join with your asset's. Beware.