Advice re allowing bf to move in who is not divorced yet

[ByGreenHam]

I am looking for
Some advice on any potential issues if I allow my married boyfriend to move in with me. I own my house, he rents a flat and is going through the divorce process. His estranged wife has indicated she wants a proportion of his pension, so he is seeking legal advice. They have no assets or children. I am aware that he has no claim on my house unless he pays for any maintenance/building works. He will be helping towards the bills and I am enquiring whether my finances are looked into as part of his finance agreement? Does he have to declare he is living with a new partner & what he will be paying? Someone has suggested to
me that I may be better to draw up a tenancy agreement so he can show that as his rent payments. I know the ideal scenario is to wait until the divorce is finalised but just wondered what any pitfalls might be. Any advice would be appreciated

Too dependent on the individual situation, I bought a house before being divorced with my now dh, but we were amicable and took ages to deal with paperwork

She will be entitled to a share of his pension

if he had other assets id absolutely say don’t do it as he would be deemed adequately housed but if there is nothing else it’s not so risky.

the courts can ask for your earnings details but you can refuse. He had to declare he’s living with a partner

why can’t you wait until it’s sorted ?

Depends on a lot of things.

If it was a short marriage (less than 5 years) there will be an argument that each walks away with what they brought.

Either way, if he is 'adequately housed' it could be argued that he won't need as much from the marital pot for accommodation which could leave him worse off.

Wait until he's divorced op. If anything, how he conducts himself through his divorce is an indicator of how he will behave if you two split up. He can wait six months to move in with you. He needs to get his skates on and finalize his divorce before tangling himself up in your financial security.

Thank you for your messages. Ex wife wants to go mediation &
keep costs down. He needs to get legal advice to find out how much pension she is entitled to, their marriage was 10 years. Logical thing is to wait until we live together as a bit messy while he’s still married. Just fed up going between the two homes & not getting any younger! But have to protect my/our assets so our new future together is best for us as a couple.

He’s on to a good thing isn’t he? “ Helping out with bills”, no maintenance, rent or council tax to pay , oh and remember you will lose your single person discount as soon as he moves in. With all the money he is saving he will soon build up his pension pot/ ISA savings so he won’t even notice his ex has snaffled a small portion of his pension.

I wouldn’t have him move in. Potentially a cocklodger moving in for his own gain.

If he moves in with you before the joint assets are split, he may find that his ex will be awarded more than him as he will already be housed. Do NOT let him move in until the financial order is completed.

You need to always protect your assets even when he moves in. I'd give him a lodger agreement (he's won't be a tenant).

My advice would be to not move in together until the consent order is agreed.

By living with you his housing needs could be seen as met & the EW could be awarded a larger share of the assets.

As for his pension - as they don’t have children, she should have a pension herself - so hers & his will be taken into consideration as regards to the split.

If he is living with you then your assets and liabilities will need to be disclosed as part of his financial proceedings. You can be ordered by a court to disclose them.

Ex partner is not entitled to claim on your assets but your situation goes to his needs (e.g. he has somewhere to live without paying market rent so could afford to lose more of other assets etc).

Never let them move in before they have a final financial order.

Honestly, it sounds like you've been specifically targetted by someone who needs somewhere to live.

Why can't he stay where he is for now?

I remember on the form for the financial agreement part of my divorce (D81) it specifically asked both parties if they were or were planning to co-habit with a new partner. As I think it might affect the settlement.