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Hi How can I help?
I need to ask you some questions to seek clarity here?
So your current partner is married and you are also married is that correct?
You have filed divorce papers and are waiting for your husband to sign them?
You and your current partner wish to buy a house together in joint names is that correct?
Kindly bear with me thanks
If your partner was to die without leaving a will you would be entitled to inherit/his share. However, if there is a will he may wish for his children to be beneficiaries of the will and therefore after his death if you were to sell the property - they will want their share.
If you and your partner was to separate it would be a good idea to set up a cohabitation agreement which sets out the financial arrangements
I would be grateful if you could give me a positive rating by clicking on the above and press submit - I would appreciate it - thank you
This is one option.
If you buy in your name it means you own the property. You must also discuss your plans and then decide to draw up agreement and seek advice of a solicitor to help you with this. You can find a family solicitor: www.lawsociety.org.uk - find a solicitor - thank you
If you are not buying a property with your partner and instead they are simply moving into a property in your sole name, it may still be possible for your partner to claim a share of the value of the property even though their name is not on the title deeds.
However for him to claim a interest in the property, your partner would need to show that there was a common understanding/interest with you by doing some work/improvements to the property or paying for some work or improvements. As such they acquired a financial interest in the property. This is where the cohabitation agreement should come in to set out who is responsible for paying the bills and add a statement that your partner will not be gaining a financial interest in the property regardless of any work they do or any payments they make.
I hope this now answers your question.