Advertisement

loader

Talk

Advanced search

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Any divorce lawyers about? Property related

(9 Posts)
Heatherjayne1972 Mon 06-Feb-17 19:50:40

Need to buy a house but may well complete before the divorce is finalised
I am aware that the ex could claim against this one day
Is there another way to protect the house from him -is there some other legal protection available or does it have to be a clean break as part of the divorce process
Thoughts anyone

Familylawsolicitor Mon 06-Feb-17 20:08:27

The short answer is no there is no protection unless your ex's financial claims are dismissed by court order within divorce proceedings or his remarriage.
Whether or not his claim would be successful will depend on all the financial circumstances.

Heatherjayne1972 Mon 06-Feb-17 20:39:04

Oh ok thanks
We split 2 1/2 years ago. Sold house 6m ago have split the proceeds 50/50
Only other asset is my small pension
So I would like to use my share as a deposit on a home for myself and dc
Just wondered if he'd be able to make a claim in the future- doesn't seem fair that he can considering it's my share of the money that I'm using
He's got equal share which I fully expect him to waste

babybarrister Mon 06-Feb-17 20:43:02

Message withdrawn at poster's request.

Fidelia Mon 06-Feb-17 20:50:00

You need to get him to sign a consent order right now before he wastes the money. Otherwise, yes, he can claim on the remaining marital assets later on

Collaborate Mon 06-Feb-17 22:10:19

I'd stick my neck out and say go ahead and buy it, but also then get a court order - either by consent or contested if necessary. He may have a valid claim against your pension, but that's about it, and it would be a strange set of circumstances that would see him be awarded anything from your new house.

Bluebell9 Wed 15-Feb-17 14:38:05

I'm in a similar situation. I'm seeing a solicitor tomorrow so I shall update with what I'm told!

Bluebell9 Fri 17-Feb-17 14:45:51

Solicitor told me that you can do a financial agreement, but both side will need to agree. This is normally done as part of the divorce, but it can be done at anytime to separate finances before the divorce.

Have you agreed the financial stuff with your ex?

Heatherjayne1972 Fri 24-Feb-17 15:06:01

Yes we don't speak much but have agreed to split 50/50.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now