Will his new property be part of divorce?

[Catlover100]

My H and I are separated and have been a long time but are not formally divorced. He bought a second property with money leant to him by family (so not our joint savings) where he lives with his new woman.
I haven't signed anything to say the property is nothing to do with me but he says it isn't because he didn't use joint money for the deposit and so it won't form part of the divorce settlement.
Is that true or will it have to be included?

Even if you could claim part of it in a financial settlement (which I’m not qualified to answer), morally you shouldn’t try to.

Why do you think you’re entitled to a share in a property that was purchased using someone else’s money, and is funded by your ex’s salary?

I’m not sure he is correct, I think it does get included. But that’s only a vague understanding based on one specific case I’m familiar with. I know there is a fair bit of nuance. Is there a reason you’d actually want it to be included?

It would be included as an asset but if he didn't use your money then it would have zero value if the debt owed against it is the full value. Are you sure he hasn't got a mortgage and the family member didn't have to sign to say any deposit money was a gift?

I think you can't ask for a direct share in that property but it can certainly work in your favour as he will be considered adequately housed and it may mean you can get a larger share of marital assets especially if you are not securely housed e.g. you are living in a shared martial home. Foolish of him really to move in with his new partner before finalising the divorce. Her income will effectively be subsidising him and put in a less needful position.

It could possibly form part of the marital assets, my exe had a settlement from redundancy and then a car accident when we were separated but not divorced, my solicitor said I could claim a % of this but I chose not to, as to me it just wasn't the right thing to do.

I'd take the moral high ground and leave the property alone, unless there is more to the story and he's being unreasonable in his demands or financially abusive

WAAAAAHHHH EX PARTNER GOT NEW GIRL AND BOUGHT A HOUSE.... HOW CAN I WRECK THEIR LIVES FOR NO REASON?

He will have to declare all assets. However it would almost certainly be excluded from any asset share unless there is are extreme exceptional circumstances.

If he borrowed the money and if his parents have a beneficial interest in the property then it may not make much of a difference to needs.

This

Why do you feel you need a fair share of the home you shared as a married couple plus a slice of a house he has now which you haven't contributed to in any way?
I guess it works both ways... are you happy for him to come after money and assets you've accrued since separating?

Surely you didn’t intend on claiming any share of it?!

Vile.

Wow, thanks for all the nice, polite comments everyone. With knowing literally nothing about my situation you managed to decide a lot about me.

For what it's worth, I don't intend to have any part of it, I just wondered what the deal on it is and if it needs to be declared or included.

Go to your solicitor about this as part of the wider discussion. You don’t need people to post about what you should do rather than what you can legally do.

Until the financial separation agreement is signed off everything can be taken into "consideration" doesn't mean its an advantage for either side

Needs to be declared for sure. As someone said above it demonstrates he is currently adequately housed.

I think it’s time MNers rallied against the abusive messages that crop up for no reason. It’s bullying and there should be some sort of downplay button for posts that do not contribute to the spirit of the post. You literally cannot ask anything without being personally attacked. Sorry OP for some of the morons on this thread.

What the fuck does it have to do with you? Either answer her question or do one.

Well good for you. Uppity as hell.

Have you got some sort of problem? You need help.