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JeremyT1020
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Category: Family Law
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I am currently on a joint mortgage with my ex wife who I am

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Hello. I am currently on a joint mortgage with my ex wife who I am divorced from. I am also on a mortgage with my current partner. My ex wife is now in the process of getting a mortgage on her own so I can be removed from the joint mortgage. My question however is does my ex wife have any claim to my new property with my current partner?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: When we divorced we didn’t do the clean break order due to my ex wife not being able to afford a mortgage on her own. As part of the recent forms I received I have to attach what pensions, savings and equity in property. I am worried she will see the equity I have and want to make a claim to it.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in Nottinghamshire now, but the property is in Derbyshire so it will be derby magistrates court I would have thought.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nothing else I can immediately think off
Good evening and thank you for your question. I'm a solicitor specialising in divorce, separation and financial matters. Id be happy to give you some guidance on this particular matter as I get asked similar questions in my day job on a regular basis. The simple answer to your question is "no," she doesn't have a claim. The new property is a post-matrimonial asset and not part of the original matrimonial pot.
Unfortunately, the Form E you have to complete is "one size fits all" which means you have to provide the last 12 months' bank statements and detail all current assets even though you may have split many years before. What you need to do is ensure you fully complete section 4 of the Form E detailing the assets that are post-matrimonial. You could even get your solicitor to prepare a schedule of matrimonial assets and post-matrimonial assets so it's easy for the judge to see.
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Customer: replied 14 days ago.
Thank you so much for the advance it’s certainly put my mind at ease.