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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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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I am due to get a large inheritance from my god father's will

Resolved Question:

I am due to get a large inheritance from my god father's will next year, I want to use it to buy a house with my husband, what I would like to know is if have a joint mortgage, can his ex wife make a claim on the property, my husband has no money, the deposit is all my money. When they divorced no clean break agreement was made, they have 2 children together and she never remarried but lives a comfortable life with a new partner.
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 you but I need some further information firstWhat happened to their matrimonial home?
Customer: replied 2 years ago.
it was repossessed a number of years ago, she now lives in her partners house with their children, any joint debts they had she entered and satisfied an IVA and my husbands debts are to be paid off by me. we currently live in my mortgaged house which i am in the process of selling for a large profit, we have 2 young children of our own. the proceeds of this house sale plus the inheritance is hopefully being used as the whole deposit for the new property next year but i would have liked it to be a joint mortgage between myself and my husband.
Expert:  Clare replied 2 years ago.
Hi
How long since the divorce?
Clare
Customer: replied 2 years ago.
was all done in 2011
Customer: replied 2 years ago.
should add, we got married in 2013
Expert:  Clare replied 2 years ago.
technically if his ex made a claim there is a remote possibility that his interest in the new home might be at riskHowever given all that you have said the risk is very very small - especially as you will be able to show that the capital investment came from youOf course if she ever remarries then the risk disappears completelyI hope that this is of assistance - please ask if you need further details
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