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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34271
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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Separated two years, living separately with new partners,

Resolved Question:

separated for over two years, living separately with new partners, both of us. Not started divorce yet. If I enter into a new mortgage via remortgaging with my new partner, he is paying all costs and I am investing nothing, can my ex claim against this house as a marital asset?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youWhen the finances are looked at within the Divorce proceedings all assets you each hold will be taken into account - so yes technically your new property could be at riskHowever the level of contribution will be looked at so the risk will be reducedI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 2 years ago.

All payments for the property come out of my bank account, at no time are any payments made from her bank account to support the property. So I assume in this case her ex will have no claim whatsoever as she has no "investment" in the property?

Expert:  Clare replied 2 years ago.
It is highly unlikely that he will have a claim - but it is an asset that the court will consider when assessing what her needs are
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