My disclosure in partner's ex's financial claim

[TwoTuesday]

I have posted about this previously, when it was only a possibility. Partner's almost ex wife (10 years since split) is now pursuing a financial claim against him and it has become quite nasty.
They have now asked for the "unredacted mortgage application" which will include my bank statements, payslips etc. Do I have to provide that information? I thought they had no right to third party info. I paid the deposit etc - will it be up to me to prove that it was my money and not DP's (if this would make a difference)?

Only if a court of law requests yhis information.

Who is they? If it's her solicitors, just refuse.

It's her solicitor who has asked, this is after Form E and in advance of a court hearing. Both sides have done a list of questions for the other.

Why on earth has this taken so long?

Basically either.....

1. The Court looks at your partner and his ex and splits the matrimonial assets, or
2. There are questions about the welfare /maintenance of any children.in which case there may be a division of assets based around the need to provide for dependants. If your partner has the dependant children then anything you can provide to help maintain the household might be relevant

I would ask your solicitor why they think the ex has justification for asking for the information and depending on what they say either provide it - or not

Good question, they just never got round to getting a divorce, all financial ties severed years ago and the children were adults when they split.
She is asking for spousal maintenance, lump sum (presumably from our house as partner has no other assets), and pension share. It is strange, as she has a job, pension, house and it is questionable who actually is the financially weaker party (she earns more than him and is younger).
His solicitor has offered her a clean break (no lump sum or spousal) with pension sharing but this was rejected.
I guess they want my info so his wages can go to her, if I can support him? Though we're not married obviously and don't share bank accounts. I'm no better off, wealth wise, than he is.
I'm shocked that she can apply for spousal as she's been supporting herself for many years but she's allowed to claim, so why not, I suppose.

Can he not cross claim for her assets if she is going after his? Might focus her mind a bit

He is asking his solicitor about that, the thing is neither of them really have any assets, apart from the houses they live in, and pensions. He has more pension, hence offering pension share.
We've done a lot of work on our house so on paper have more equity than her (she has the former marital home, he gave it to her for nothing) but I paid for the renovations.

Is his ex suspecting him of hiding assets - spousal seems incredibly unlikely unless he is cash or asset rich or there's evidence of her taking an extreme hit financial security wise while they were married - if none of this is the case, I'd be letting them take you to court, as if he gave her the house then even if his pension is higher she owes him? Depends if we are talking about larger than average salaries and houses though.

Is his ex suspecting him of hiding assets - spousal seems incredibly unlikely unless he is cash or asset rich or there's evidence of her taking an extreme hit financial security wise while they were married - if none of this is the case, I'd be letting them take you to court, as if he gave her the house then even if his pension is higher she owes him? Depends if we are talking about larger than average salaries and houses though.

Make sure you keep all your statements, etc.

A relative's partner died after they'd been together for more than 20 yrs. His ex-wife tried to claim half the house. The relative was able to prove that she'd paid for it in its entirety.

If the assets haven't yet been divided - surely he can claim half of everything too, including the house he "gave" her?

Is it not that anything you've paid towards the joint property (I assume you own it 50/50?) is a gift to him (or 50% of it is a gift to him) and therefore in the marital pot of assets? This could include any money for deposit, stamp duty, solicitor's fees...

One of the questions in divorce is the financial needs of each party. Your income may be viewed as reducing his needs. You don't have to disclose anything unless the courts order it. However, if you refuse, his ex may try to use that to argue for a bigger slice of the assets. I'm not saying she would succeed, but she might try.

I think she must have told her solicitor that he is hiding assets, as there would be no reason to ask for spousal otherwise. We are all average incomes and houses and their kids are fully independent. He has disclosed everything.
She thinks as he's bought a house he must have had money?
I've said she can have my information now, as it will cost us more if we wait for a court order. I'm very unhappy about a total stranger having all that, but no choice really.
I certainly did not gift my partner any money, we've always had an agreement that I get it back if we split/ sell up.

That's awful! Luckily I have kept the statements.

Sorry OP, you and he have bought a house, it’s jointly owned? I mean sorry but considering he isn’t divorced that is nuts! I would be countering here. If the house was/is a marital asset that she lives in this is the negotiation, she gets to keep that, he gets to keep his pension intact and she has no further claim.

Unfortunately your income and assets are taken into account when calculating the financial order. Essentially because it is considered that his needs are impacted by cohabiting with you. You can refuse at this stage but a court can order you to do so.
However it also looks like that you've sensibly ring fenced some of your contributions to the house etc and that (hopefuly) is bound in a legal agreement so that should be submitted as well. This way it is clear what is his asset and obligations.

Why did you buy a house with someone who was still married?!

I think you should get your own solicitor to advise you.

Its actually quite interesting that this didnt come up when you bought the house, but thinking about it I cant remember if I declared my marital status when I bought mine so maybe it just doesn't come up. But then a good solicitor would have said something about if you planned to get married when you ring fenced your contribution to the house and maybe it would have come up then? Not putting any blame on the solicitor, just interesting.

Yeah it was nuts! I am so angry at myself. He thought as he'd given her the house and severed all other finances, and she was ok for money, that was that.
What I really want is for his share of this house to not be counted as a marital asset, as it was bought so long after they had split, plus me putting so much more into it, but I don't think this can be argued. His pension is worth as much as the former marital home is valued at, and it's still mortgaged, so I don't think he will get to keep it. We'll be paying our mortgage into retirement anyway. If he loses half his pension I don't know how we will be able to afford the repayments but that's another story.

OP you need a solicitor now. This is not a one way street on Divorce it is a negotiation and you need legal representation. Judges prefer clean splits so get your position sorted now. Spousal is very very unlikely. If you counter a more likely outcome is she gets to keep the house in exchange for his pension remaining whole

My relative told me of her situation: "Whatever she asked for, we gave her."

Bad idea. My relative had to go to court after her partner died. The claim to my relative's house was dismissed. The court also dismissed the ex's claim to the partner's pension; instead, it went to my relative's child.

Part of the problem was that the partner hadn't made a will.

The ex had chosen not to work. She had been a SAHM, but then refused to earn a wage once the kids were grown. She did voluntary work instead.

Please tell me you legally own more of the house if you have put more in!

omg what absolute insanity. Why hasn't he divorced her by now? Why are you happy being with a married man? Why would you buy a house with someone tied financially to someone else? It's impossible to 'sever all ties' - they are still married!

I would be really worried if I were you and would seek proper legal advice. What a mess.

The thing is legally they weren’t split were they because they weren’t divorced..? Surely. So technically anything he owns whilst still married is a marital asset. Why on earth didn’t he wrap this all up long long long ago??