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Tolata urgent help

  • Adam1986
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10 Mar 16 #475359 by Adam1986
Topic started by Adam1986
Hello.

I would like some urgent advice.

3 years ago I purchased a property and my ex wife moved in with me. We had three children together. Soon after she asked me to leave as she was no longer in love with me. I moved out and 2 years go by and she continues to reside at my property with our three children. I recently received a letter from her Solictor stating that my ex wife is applying for half the money for he house. Which is fine by me as I don''t want her starting from scratch again. She gone through a tolata application route. The judge has granted her as trustee. My question is that prior to my ex wife application I had a civil wedding with my new wife now. Does my new wife have rights over the existing property ? And does this void my ex wife interest in the property.

  • hadenoughnow
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11 Mar 16 #475360 by hadenoughnow
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Wekcome to wikivorce. Were you and your ex wife still married when you moved into the property together?
Was there a financial settlement at the time of your divorce?
If you are happy for her to have 5O% of the equity and that is what she is seeking, then you would be well advised to settle out of court if this is indeed a property law case and not a financial settlement on divorce. In property cases the loser bears all the costs.
Is she able to rehouse herself and the children with that amount of money? If not, and depending on the age of the children, she could use the Children Act to allow her to remain in the property until the youngest is 18.

As far as the current marriage is concerned, the property is a marital asset. How much interest your current wife has in it would really only be an issue if the marriage last longer than three years and you divorce.

Hadenoughnow

  • Adam1986
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11 Mar 16 #475383 by Adam1986
Reply from Adam1986
Thank you very much. Is it possible we can speak over the phone ?

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