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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am currently looking to buy a house with my new partner

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I am currently looking to buy a house with my new partner but I am still married. The divorce is currently proceeding but I don't want my (soon to be) ex-wife having any claim over the new house or messing up any mortgage arrangement. Where does she stand with a claim to the new property once the mortgage has completed but the divorce isn't finalised?

Hi, thank you for your question. As you are still married, your share of the property will need to be disclosed as part of financial negotiations but it does not mean that she will be entitled to any of it - as there are many factors a court will need to consider when dealing with such matters.

Furthermore, even after divorce - if she does not remarry and there is a no court order in place settling the finances she can still come back to seek financial relief from you in the future - so you will need a court approved financial settlement to protect yourself.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Customer: replied 9 months ago.
Thanks for your answer. If the divorce is still proceeding, but we have a financial agreement as part of that process, could she seek anything be changed if circumstances are different to when the agreement was signed or before the divorce is final?

It depends on the formality of the agreement - you will be at risk of it being changed up until the agreement is approved by the court.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating. You will not be charged for providing a rating.

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