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(5 Posts)
Grumpa Thu 02-May-19 05:53:26

My son separated from his wife 2 years ago. They lived in a rented house. They will start divorce proceedings very soon after the 2 year separation. I am about to buy my son a house from my retirement savings but I am worried about his wife making a claim on any of it when the separation goes through. What is the risk if it was not their married home, she never lived in it, and he doesn't even own it yet? Also, there will be a legal charge on the property to protect my investment in it.

OP’s posts: |
NotBeingRobbed Thu 02-May-19 07:48:42

Wait until the decree absolute before buying the house. Please, please don’t risk her claiming half. Anything he owns could be a joint asset.

madcatladyforever Thu 02-May-19 07:52:53

For goodness sake don't give him anything until they are divorced!! She will be able to claim. My son is in the same position, his partner is still married but separated for 10 years and there is no way they are buying a house together until her divorce comes through.

Seapoint2002 Thu 02-May-19 09:04:49

It would be much simpler to just wait until you have the absolut. Having a charge or a deed of trust will all work but it 'muddies the water' and can delay the divorce with getting the courts to validate it IF the stbxw queries its validity. Which just costs money.
Just done this all myself with my parents incurring court costs because the stbxw querying a deed of trust. The court upheld the deed no problem but it all took time and money.

NotSuchASmugMarriedNow1 Thu 02-May-19 09:36:40

Absolutely don't buy this until they are divorced. What's the rush?

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