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Buying property whilst separated

3 replies

WhoisLucasHood · 04/10/2015 13:56

My DPs have recently separated. They sold their house, split the proceeds. DM is planning on buying a small house with her half whilst Dad is renting abroad.
My question is, whilst they are still married is Dad entitled to half her house? Is seems v unfair that he has his half of the money and can be entitled to half of her property too as they are not yet divorced.

OP posts:
mumblechum1 · 04/10/2015 14:28

Do you mean if one of them dies? If so then the spouse inherits until the decree absolute has been made so it would be sensible to make a will excluding the spouse.
They should also do a separation agreement if divorce proceedings aren't immediately imminent

WhoisLucasHood · 04/10/2015 16:07

Mum has made a will denouncing his rights to the new house however I'm concerned in the event of a divorce she'll be left worse off than she is already.

OP posts:
mumblechum1 · 07/10/2015 09:45

She needs to get a solicitor to negotiate a separation deed which will be as binding as possible until the divorce.

She may in fact be advised that she should have received more than half, depending on the overall assets.

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