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Can my ex claim anything to do with my future new property

Often we get asked interesting questions, so we nicely ask our professional friends of Dads Online to help provide answers to them. Remember this is not official legal advise as everyone’s situation is different, it is only an experts opinion. All names and identifying remarks have been omitted.

can my ex claim anything to do with my future new propertyQuestion: I have been separated from my wife for a few years and have a teenage daughter from that marriage. I have a new partner since then and a young child with her. I have recently started the divorce papers but have found it difficult to finish because of the cost, which seems to be set at $800.  I’m not sure how I can afford this, I will try and loan this and pay the full amount. There was a property settlement in 2011 and I received a small payout.

The marriage breakdown was sited as due to irretrievable differences. My ex bought a house a year after settlement and lives there with my teenage daughter. Ever since the separation Ive been renting with my new partner and young daughter, I have always made a warm bedroom to include my teenage daughter when she comes to stay with us.

Since gaining Full Time employment I have just recently entered into purchasing a new house, placing it under contract pending finance. My question is, which people seem to be alerting me to: can my ex claim anything to do with my new property given I have not yet completed the divorce papers.

Answer: If the person putting through the divorce has a health care card they should enquire as the application may be at a lower rate. The divorce papers are different to a final property settlement. A divorce relates to the dissolution of the marriage and not the division of assets. If there is an order made by the Courts for the division of property, it is likely that it will exclude each party from making a claim to the other party’s future property.