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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Good Afternoon, I'm planning to divorce after beeing separete

Resolved Question:

Good Afternoon,
I'm planning to divorce after beeing separete for 1 year and 10 months. At the moment I'm living with my partner and we are planning to buy a house with money that we have save.
At the time of the separation that was no assets, money or kids to be splited.
My question is if I intend to buy a house with my actual partner does it count for divorce porpuses because i don't want to buy a house and my ex claim part of the house when we are separated and not living together for nearly 2 years,
Looking forward to your advice.
Many Thanks,
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When do you plan to purchase the property?
Clare
Customer: replied 2 years ago.

Hi Clare.

I'm planning to buy the property on the next couple of months. I wonder if I can take the mortgage and put my other half has the owner of the property.

I also filled in the pettition for the divorce but I'm having troubles getting my ex-wife address so I can send the petition to court.

Your help is really appreciated so I can move with my life forward on that matter of the house.

Thanks,

Marco

Expert:  Clare replied 2 years ago.
Hi
How much will the deposit be?
Clare
Customer: replied 2 years ago.
The deposit will be around 7k but what does that matter?
That was a simple question and that money wasn't from any previous savings. It was all save after we are separated.
Customer: replied 2 years ago.
I don't know where you are based but I just hope th answer is based on UK law.
Expert:  Clare replied 2 years ago.
Hi
The site is American - but I am based in the East Midlands of the Uk!
Technically the house could be at risk if your ex makes a financial claim within the divorce proceedings so if the purchase could be delayed then this would be wise.
The mortgage and the property ownership has to be in the same name so the property will have to be held in joint names - but the amount of the deposit is sufficiently small that there should be no major issue.
In terms or tracing your ex an Enquiry Agent should be able to provide you with the address - but you need to be aware that you will need your ex's active co-operation if you wish to have a divorce based on Two years separation
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare,

Thanks for the advise.

But the property is going to be bought with non marital money and also nothing on the property was used during the marriage.

If she can make a financial claim will it be out of the 7k or the entire value of the property?

Can you advise of an Enquiry Agent please?

Thanks,

Marco

Expert:  Clare replied 2 years ago.
Hi
I appreciate that and it should be fine - BUT if your ex is in financial difficulties she could still have a potential claim on you - and thus on the equity in the property.
However given the fact that the deposit is modest this should not be a problem.
You should be able to find a local Enquiry Agent on Yell.com
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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