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Property split in event of separation

3 replies

hopefullythiswonteverbeanissue · 15/08/2020 09:05

I don't doubt for a second DHs solid intentions but I come from a broken home and my Dad and step dad we're atrocious with money. Makes me cautious.

Anyway before I met DH I bought our current home (with the help of inheritance for the deposit) I lived her in my own for about 18 months before he moved in. I'd owned it 3 years when we got married. He's always paid his way, all money is now family money etc. 1 DC and another on the way.

We're thinking about moving house and our only deposit will be equity of apx 150k. When we married I had apx 55-60k equity but we've done a lot of renovations since.
What happens if we move, plough all the equity into the new house and later separate?

To further complicate matters he was gifted after we married half of his dads house. He won't be able to sell that interest for years if ever because it's still occupied by family. Would this also be an asset considered in a divorce?

OP posts:
Normalmumandwife · 15/08/2020 09:19

Well you could do a post NYP but not sure it is practical anyway now you have kids as ultimately it's can be overridden. They cost thousands to do anyway.

Yes his parents house would come into the equation. A friend of mine did that as she contributed to the mortgage and got divorced...ended up in the pot to be considered! Wasn't her wisest move in life!

Normalmumandwife · 15/08/2020 09:20

Sorry post nup.

prh47bridge · 15/08/2020 15:26

As you are married the house is an asset of the marriage and would be split between you if you divorce. No-one can say exactly what the split would look like based on the information you've given here.

The previous poster is wrong about the gift. As it has not been mixed with other marital assets it is his property. It will only be considered if the only way of meeting your reasonable needs is to give you part of it. It was different for the previous poster's friend as, from the sounds of it, her gift was mixed with other marital assets as it was used towards the mortgage.

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