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  • Jane2002
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05 Nov 07 #5887 by Jane2002
Topic started by Jane2002
I about to petition my x2b for unreasonable behaviour. We have been seperated for two months, I have bought him out of the marital home and the deeds are now in my sole name. I have just met someone else and ok, it's early days but would this have any adverse effect on the divorce proceedings?

Thanks

Jane

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05 Nov 07 #5890 by OBEs 1 canoodly
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Hello Jane,

I would tread very carefully on this one. It's fine to come to an agreement between you but unless it is signed, sealed and rubber stamped by a court either party can come back against the other at any time regardless!

This is why you will read about "Clean Breaks" on this site quite often because until you get one through the courts, regardless of your Decree Absolute there will always be the financial side left open to some degree. A Clean Break means that neither of you can make any further financial claims on the other.

I believe your ex was probably quite happy with the decision you made between you whilst he thought you would remain single but the thought of another man moving into what was his former home could cause some despair because we all become quite attached to our homes and don't relish the thought of someone new moving in! I don't know your circumstances but I wouldn't blame him for feeling that way. I would feel the same if roles were reversed so I am not siding with any one partner here but trying to help you to understand your legal position. Try stepping back for a moment and put yourself in that of your ex's just for a few seconds, shut your eyes and try to imagine how you would feel if it was the other way and he had bought you out and was moving a new woman into your home so soon?? This could be a great reason for further persuit against you!! You would certainly feel that way towards him. Human nature!

My strongest advice would be to get the divorce out of the way first before moving a new partner in the home. Get the Clean Break awarded by the court and if it is as clean cut as you say you don't even really need to involve solicitors. Even then at that point I would probably be inclined to get at least a good clear 8 months under my belt before moving him in because I do believe your ex can come back at you if your circumstances change or improve in anyway within the first 6 months after the order.

Also remember that you are not completely safe just because your name is on the deeds. Your new partner will have certain rights too against your property and these days that can happen quite quickly - make sure you are absolutely certain about him before taking that step! Get a shorthold tenancy agreement made up with him!!! You could always say he was a lodger if it all goes wrong!! hee hee! Good Luck

I am sure someone on here will post to correct any wrong information I may have given but please do remember most of us on here only go by our own experience and that of others, we cannot give you legal advice but mostly what we give is very very good guidelines!!

OBEs 1

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05 Nov 07 #5891 by OBEs 1 canoodly
Reply from OBEs 1 canoodly
Hello Jane,

I would tread very carefully on this one. It's fine to come to an agreement between you but unless it is signed, sealed and rubber stamped by a court either party can come back against the other at any time regardless!

This is why you will read about "Clean Breaks" on this site quite often because until you get one through the courts, regardless of your Decree Absolute there will always be the financial side left open to some degree. A Clean Break means that neither of you can make any further financial claims on the other.

I believe your ex was probably quite happy with the decision you made between you whilst he thought you would remain single but the thought of another man moving into what was his former home could cause some despair because we all become quite attached to our homes and don't relish the thought of someone new moving in! I don't know your circumstances but I wouldn't blame him for feeling that way. I would feel the same if roles were reversed so I am not siding with any one partner here but trying to help you to understand your legal position. Try stepping back for a moment and put yourself in that of your ex's just for a few seconds, shut your eyes and try to imagine how you would feel if it was the other way and he had bought you out and was moving a new woman into your home so soon?? This could be a great reason for further persuit against you!! You would certainly feel that way towards him. Human nature!

My strongest advice would be to get the divorce out of the way first before moving a new partner in the home. Get the Clean Break awarded by the court and if it is as clean cut as you say you don't even really need to involve solicitors. Even then at that point I would probably be inclined to get at least a good clear 8 months under my belt before moving him in because I do believe your ex can come back at you if your circumstances change or improve in anyway within the first 6 months after the order.

Also remember that you are not completely safe just because your name is on the deeds. Your new partner will have certain rights too against your property and these days that can happen quite quickly - make sure you are absolutely certain about him before taking that step! Get a shorthold tenancy agreement made up with him!!! You could always say he was a lodger if it all goes wrong!! hee hee! Good Luck

I am sure someone on here will post to correct any wrong information I may have given but please do remember most of us on here only go by our own experience and that of others, we cannot give you legal advice but mostly what we give is very very good guidelines!!

OBEs 1

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