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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 837
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My son has been separated from his wife months and they

Resolved Question:

my son has been separated from his wife for 8 months and they have agreed to wait the two years for a divorce .they rented a house while they were married and have no children. we would like to give him a deposit to buy a house, if he did would she be entitled to it?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you today. Please may I ask: - are there any other matrimonial assets? such as pensions?- how long were they married? Kind Regards Caroline
Customer: replied 1 year ago.
no and no savings at the time of seperation
Customer: replied 1 year ago.
they were married two years
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for clarifying that for me. I would suggest that your son and his wife prepare a separation agreement now to confirm their positions. I say this because if they are not yet contemplating divorce for some time - it is possible for a claim to be made in respect of the matrimonial finances at the time of divorce. If the wife was to make a claim at the time of divorce then she could try and argue that the deposit was a matrimonial asset. Your son of course would argue that it wasnt because it was after separation. Whilst the family court would likely accept your son's argument the family court has a wide discretion and it would look at the needs of both parties when making a decision. If a separation agreement was made now - whilst again still not technically binding on a future family court - family courts are following what was agreed if they consider it was fair and full disclosure of all financial information took place at the time. If they do decide to divorce your son then needs to propose a clean break agreement, which once signed by both and approved by the court - would become legally binding and prevent any future claim. Please do not hesitate to ask if I can clarify anything for you. Kind Regards ***** ***** kindly remember to star rate my service so that I receive credit for helping you today
Customer: replied 1 year ago.
if we only loaned the deposit , would she be able to make a claim?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Yes - she could still argue that it wasnt a true loan but a 'soft loan' which wasnt expected to be repaid. Although you can argue that it was to be repaid and a monthly standing order might help in this regard. But as stated above - it is after separation and therefore a court would likely agree with your son. Its just a possibility that she may do this. Best action is to look for a separation agreement - if divorce isnt yet contemplated - and if and when a divorce does happen - a clean break. please do not hesitate to ask If I can clarify anything for you.Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello I'll send you an offer for an additional service phone call. If this is ok with you - can I call in about an hour? Kind Regards Caroline
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