Separated and buying new house

[cafcesque]

Hi. My friend is separated from husband for one year but not divorced. She is buying a house to do up and live in. Is he entitled to a share of this when they do divorce? (It's likely to increase in value when work is done) can she protect this asset from the divorce settlement?

Theoretically he would be entitled to a share, yes. At the point she buys it it's no different from her having the cash (including having the cash to do the extension), but as you've said time goes on and it increases in value so does his share. What she can do is start divorce proceedings- if she manages to sort finances quickly the increase in value will be minimal and the court is likely to discount it. She needs to balance this risk with getting on with her life.

Whilst still married and no financial consent order it is a joint asset. Also if she died he would inherit.

They could get the divorce or financial agreement underway and that will offer her the protection.

It would go into the pot to be split between them along with all other marital assets. That doesn't necessarily mean he will get a share of the equity. She needs to see a solicitor. Once they have all the facts they will be able to advise on the likely outcome.