How can I protect my house from my ex-wife and her partner so that my children have a home.?

Question

I am an male 'older' divorced (7 years) single parent with two school age children (13 and 15) living with me. I have worked like hell to pay of the mortagage on my house (worth about £150,000) and consequently have nothing else - not even a pension plan. My idea is that this is the childrens inheritance and security. (If they want, they could sell it to pay for their education - whatever). How can I protect this house from the ambitions of my ex-wife and her partner (they own two houses) so that my kids can benefit.? Creative and unusual ideas are welcome too.
Lets assume that my position is correct when I say that my gold-digging ex is morally not entitled to benefit from this house, which is mine. The deeds are solely in my name, and in 13 years I paid everything from the mortgage to the milk bill, whilst my ex conducted her (private) financial affairs (debts) from her mothers address. I was buying the house before I met her. She has a new partner and a child.

Answer 1

did you have a full and final settlement when you divorced? if you did, this prevents her making a claim...one thing to bare in mind though, is if god forbid anything happened to you and your children, they claim death as oldest to youngest and the assets go accordingly, meaning the house goes to your ex wife as she would be the youngest childs next of kin.

in order to make a claim on your estate she would have to prove that she was somehow dependent on you, which would be very difficult for her to do as she has new relationship with child and hasnt got custody of the kids.

you seriously need to go and see a solicitor and get a proper will drawn up, with stipulations about what happens in any event.

Answer 2

Although many Y/A people have been in similar positions with their own relationships and ownership of property, WE cannot truly give the answers you need, not with surety anyway.we can only suggest things to any asker.

It once used to be that a house became a shared asset when a couple got married even though it only belonged to one partner before event.

Women were once worse off... anything they OWNED before marriage, became the legal property of the husband after the marriage.Jewelry and everything.The only items a woman ever owned was the clothes on her back.

All countries have different laws. And they get changed at a whim, we cannot ever know them all. Legal tomes are nearly six inches thick and still dont cover all laws. The only genuine advice can be given by a solicitor. You say you were buying the house before you ever met her and its only your own name on the deeds.This may have influence where a court is concerned but not always

British courts often make a stipulation where the partner who has the kids to care for,they keep the house until the last child reaches 18 years old but then the house has to be sold and the cash shared between both the ex married partners.

They are likely to take into consideration the ownership of the new couple`s houses.This stipulation can even include those houses regarding sale of property.It can wok both ways.

The only certain way of ensuring the ownership of YOUR home is to make an appointment with a solicitor who deals with this type of thing, some deal with property sales, some only deal in crime cases, some deal with marital problems and family courts.

I know this is longwinded but I hope you got something from it, in order for you to make a decision on what YOU can do for the best.
Well done in bringing up your children and for putting their life and happiness before your own.. You make a wonderful parent.and sound very considerate.

Answer 3

If the house is in your sole name and you were buying it before you met your ex and you have your children living full time with you then i would say your wife would not have any claim on the property especially as you mentioned that you she also have a property..... there are 2 lines of thought i think you should consider persuing...

1. Firstly contact a solicitor as i think you should consider making a will so that if anything does happen then your children will inherit the house

2. Seek some financial advice... my friend was in a similar situation and sort advice so that her current partner (who is not on the mortgage and doesnot contribute to the household) doesnot benefit ... she has managed it that her son will inherit everything....

Good luck and make sure you take some positive steps to securing your childrens future.

Answer 4

Two words: Lawyer. Will.

See a lawyer immediately about this. As this was one of your original assets (and the ex has two houses already) there should be no purchase to your ex's claims to the house. You can draw up a will & leave the entire house to your children. They are about old enough that they will more than likely come of age before you would pass, but if they are underage you will want to choose an executor for them until they are old enough. Make sure it's someone that you can trust, like a close friend or family member on your side of the family.

Now here's the clincher. Leave your ex wife $10. I don't know if it's the same in the UK as it is here in the US, but if you don't leave her anything she may be able to contest it. Leaving her something in your will ensures that she can not contest anything. I doubt that she would have any claims since it's been 7 years & she's got a new partner & child, but it's better safe than sorry. (It also serves as a nice slap in the face later on when her "big inheritance check" is barely enough to fill her car up with petrol.

Answer 5

If you bought this home before you met her, make sure that you have the proof of the payment and now, seek a lawyer to ask for an advice about making a will for your kids base on the proof of the payment, the marriage certificate and divorce letter.
In some country (and they can make one, I assume), the asset of someone before marriage will be remain to his/her after the marriage.
If you don't have that law, sell the house and grab the cash, buy another house. Therefore, she can't get the ownership of the house and the cash is semi-legally belongs to you.
If she wants the money, she can beg it from you. You like it?
Unless she kidnap your kids whom are her kids also.

Answer 6

unless you plan on dieing suddenly...what is your worry? do they live in and occupy the house that is solely in your name? why dont you occupy the house if theyve two others?

seek an attorney, set up a lLiving Trust and have the proceeds of the sale of the house to go directly into a trust account for you children that is entrusted to an attorney until the kids reach a certain age such as 18 or 25. she or they cant touch the funds until that time.

Answer 7

I would imagine you contact a solicitor or citenzen's advice, and have some kind of will made up, leaving the deeds of the house in some kind of trust fund....sorry I can't be of any more help, haven't got an experience in this kind of thing.....just an idea.

Answer 8

your best option would be to seek the advice of a solicitor who is familiar with family law.
My personal thinking on the matter is that as you have been divorced for 7 years & you have been the main carer for your children then she would have NO CLAIM to the property at this point.

Answer 9

if u are already divorced and the house was not included in the settlement at the time then she has no right to it whatsoever so don't worry, however get a will drawn up leaving the house to your kids in the event of your death - just to be on the safe side

:-)

Answer 10

You should see a lawyer to see where you stand, but I don't think your ex is entitled to anything, because you have custody of your kids and she cannot throw you out, my brother had similar problems from his physcho ex b1tch wife, so she took over the custody of the kids from him and forced him to sell. Whatever happens good luck!!!