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New house, will ex H have any claim to it?

5 replies

twinkle1010 · 22/01/2011 16:25

I hope this is clear. I have split from H and am currenty buying a new house (ex is taking my name of the mortgage of our current home and I am relinquishing all claim/responsibility for it.)

When I buy this house (which will be before we are divorced) will he have any claim on it? Is it soley my asset or will it become an asset of the marriage?

OP posts:
babybarrister · 22/01/2011 16:33

This reply has been deleted

Message withdrawn at poster's request.

3littlefrogs · 22/01/2011 16:34

Legal advice, quick.

twinkle1010 · 22/01/2011 16:58

Oh dear thought this might be the case. Can I put something in place with the solicitors when I purchase it. He is putting no money into property whatsoever!

Old property (joint names, having name removed shortly) is in negative equity and therefore I am walking away without any money.

Have one DD will have a private arrangement for maintanence as it has been working fine since the split.

Cannot afford to divorce at the moment due to costs of buying house etc.

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Resolution · 22/01/2011 19:40

To be honest if ypu're not putting down any more than there is equity remaining in the house he's getting he's highly unlikely to get a penny from it. Both your financial claims in divorce remain open though until they are dealt with.

I wouldn't say put your whole life on hold until you've got a clean break order or at least some financial settlement. But you must be aware about these claims being open. If I were you I'd try and box them off now. You need someone to advice you on this. It shouldn't cost more than say £500 - £1000 to get a consent order drawn up, and you can have a go at doing the divorce yourself if you're stuck for cash.

twinkle1010 · 23/01/2011 08:23

Thank you for all your advice. I will contact my solicitor next week.

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