If I brought a house before divorce...

[whymewhyme]

Would stbxh be entitled to it? If so how does it work? Would he have to have a % of it if it was eventually sold? Or would I have to remortgage?

What do you mean by brought?

Realistically, yes he probably would be, not the actual house but his % of all marital assets. Although the house may fall outside of marital assets, the money you use to buy the house IS probably a marital asset (assuming that if divorce isn’t sorted then neither are finances).

“Before divorce”

So married?

Yes I'm still married

Would I be right I. Thinking

you have separated
he is going through the process of buying somewhere
and you want to know if you would be entitled to anything if the purchase goes through before you are divorced?

How long have you been married, did your dh move in with you, do you both live in it?
Different scenarios will change whether or not it's classed as a marital asset.

In theory if one part of a divorcing couple buys another property before divorce and finances are finalised then the other party would have a claim on it as a marital asset. Is my understanding.

Not unless formally separated

Are you seperated?

Don’t be a dickhead, you know what they mean.

It's generally not a good idea to buy a house before the divorce is sorted because it really muddies the water in terms of marital assets.

Unless you already have several houses each and it's a case of dividing up the millions then you run the risk of being short of cash in the event a court orders a financial split that isn't what you hoped for.

Genuinely didn’t until others replied. I thought it was some sort of local expression that isn’t widely used in other areas that may have a different meaning. A bit like ‘getting wrong’ in the north east. Not everyone is automatically a dickhead. I wanted to answer but make sure I’d understood the question properly.

If you purchase a house while married, in your name, then divorce it will most likely form part of the marital assets

hiwever, it’s the equity that’s important as that is the asset. And assuming you cash for a deposit then that akready us in the pot for division. If you purchased a house then divorced later, eg 5 years and the house had appreciated then the value of increased equity is in the pot and this could mean you’d need to raise money to pay him a share

are you already separated and in the process of divorce?

is there a marital
home already? If so there’s also capital gains to consider

generally until you are not only divorced but have a final consent order anything either if you own is still up for grabs

Me and my ex have done this. We each took
the same amount out of the sale of the family home and bought a house each. He did not maximise his mortgage and bought a bit of a wreck which he since also wrecked MORE by stripping all carpets and wallpaper to make it look like a crack den, and to make himself look like he ‘needs’ more money for decent housing.

I’m arguing he had the same funds to rehouse himself with from the marital pot, and I can’t be held responsible for his poor choices. He can also increase his mortgage borrowing. He’s arguing he’s entitled to more of the remaining liquid assets because my house is now worth more than his. It’s a mess.