Will my ex-wife have any claim on my new home?

Answered on 19 January 2017

My wife and I separated in October and later on in 2013 I'm planning on buying another house. When we get divorced would she be entitled to a share of the new house I purchase on my own. We have 2 children and a joint mortgage on the home she is living in.

The short answer is that unless your proposed purchase forms part of your divorce settlement, I can't see how your ex-wife would have any entitlement to a share of the equity. You should take care of what you would like done with the property in the event that something should happen to you within your will, and this is something that should be upadated in light of your impending divorce.

When looking at the new mortgage for yourself, the lender will assess your outgoings in relation to any maintenance that you are paying to your ex-wife, and they will also take into account for affordability whether you are still on the joint mortgage.

If you'd like to talk through your options in more details, then please submit an enquiry and we'll arrange for one of our consultants to contact you.

Ask The Mortgage Experts answers are based on the information provided and do not constitute advice under the Financial Services & Markets Act. They reflect the personal views of the authors and do not necessarily represent the views, positions, strategies or opinions of John Charcol. All comments are made in good faith, and John Charcol will not accept liability for them. We recommend you seek professional advice with regard to any of these topics where appropriate.