Buying a house after divorce

Happy New Year to you all
My partner and I are planning to buy a house together once he has got divorced (currently going through the court, sorting out the finances - it is not amicable at all on the exwife side).

My concern is that once the assets of the marriage are split and the divorce is final, how long is it wise to wait before we look to buy a house as we don''t want to face the problem of the ex wife going back to court for more money / support etc as she is very bitter and nasty to my partner. Is there a sensible / legal period of time after the divorce is finalised before she has no right for claims on my partner''s assets?

The marital assets are enough for both sides to have their own house plus another rental property each so financially both sides are fully covered and neither are financially disadvantaged. My partner pays a lot of CM for his children and is not and will not shirk his responsibilities in that regard in the future.

I am just concerned that by us moving on, this will bring about another round of anger and wrath and would appreciate your comments on whether she has the right to do so, and what we can do to deal with this?

Sorry for the muddled posting but I just want to know where I personally lie in this regard. Thanks all

PS, just for fuller information, I have a child who live with us at this new home

Hi BB,

There is a declaration on the form E - worded to ask if you intend to cohabit within 6 months.

Its always best to be honest on the Form E - as you state it may not affect anything financially, but it needs to be declared.

If your partner did not declare this, his ex may have cause to apply for the order to be set aside.

Hi WR

Thanks for your comments and I do recall that part of the Form E. I had forgotten about that. It was honestly filled in that we wouldn''t be living together as to sell 2 houses and find a new one with mortgage in 6 months would be a stretch anyway!

So that would be the only restriction than? Does this apply if we got a rental proprty together?

That is good news

Many thanks
Busy

Yes, if you do cohabit within the 6 months and your partner had ticked that you hadn''t intended to - then she may have cause to apply for the order to be set aside. I think sometimes there has been successful applications for Orders to be set aside after the 6 months window too.

How long ago did he complete his Form E?

Where has he got to within the AR process?

As I said, if you do intend on cohabiting and he is going through the financial process it is best to admit it.

After all - it may not affect anything financially - and you want to ensure there are no possibilities of future repercussions.

Unfortunately, sometimes the presence of a new partner ( even if disclosed ) can cause trouble for all sorts of reasons, some of them really rather irrational. Sometimes it can be no more than jealousy at seeing the former spouse happy.
As WR says, you are under a duty to disclose a new relationship and failure to do this can result in an order being set aside.
But really, you have to have somewhere to live. You can''t be expected to camp out on the concourse of Kings Cross. So finding accommodation, in itself, will not harm you. It might, for example affect the outcome if ,say, you bought a house which was obviously too large for your needs and then argue that, as a result, you can''t afford to pay her spousal maintenance. you should not be surprised if a Court is not impressed.
There could be advantages in renting. It is not committal, it gives you the chance to look around, and as a temporary measure it has its points.
On the other hand, your partner has some interest in the FMH and if the ex is going to live there then there needs to be a discussion on how his share is to be managed. It''s difficult saying more without knowing the circumstances.
LMM

Hi LMM

Thanks for your comments - all appreciated. The Ex wife does know about the relationship and we are being honest and open in the declarations on the Form E so I don;t think we have anything to fear. My concern was that, say, a year down the line and we bought a house together then she would take us to court and that it would never end.

Actually there is no problem about buying a house too big for our needs as there are 6 children in total to house!!!

I think we just need to hold back and take our time and make sure the 6 months is totally out of the way and see what is out there...

I presume that 6 months is the legal accepted time limit?

Busy Bee

I don''t think there is any legal '' time limit '' set in stone. The problem is evidential - the longer the period which elapses between the Form E and the marriage, the harder it becomes to prove that the statement in the Form E was untrue at the time it was made.

If you can google the case of Dixon v Marchant ( should be easy enough, it''s quite well known, maybe even notorious ) it will illustrate the difficulties very well.

As an aside there''s also the point that if you rent a house on an assured shorthold tenancy, you are entitled to a minimum of six months but anything more than this is a matter for negotiation.

LMM