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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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'm a married man, separated from my wife for over two years

Resolved Question:

I'm a married man, separated from my wife for over two years now. I'm in a new relationship and my new partner and I have a mortgage on a new home together. When I file for divorce with my wife does she have any entitlement to my new home?
Many thanks
Dan.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Where did the funds for the new property come from?

How much is it worth and how much is outstanding on the mortgage?

what are the matrimonial and other assets worth?

Customer: replied 1 year ago.
The money has come from my saving since we separated and a small amount I had saved prior to seperating, when we did seperate everything we had at the time was split between us 50/50. The house was purchased for £145,000.00 and there is roughly £128,00.00 left on the mortgage..
Expert:  Clare replied 1 year ago.

How long were you and your wife living together and are there any children involved?

Customer: replied 1 year ago.
We had lived together for 8 years roughly and had no children, we had been married for 18 months
Expert:  Clare replied 1 year ago.

What is your ex's housing position?

Customer: replied 1 year ago.
I believe she is privately renting now..
Expert:  Clare replied 1 year ago.

How much were the capital assets that you shared between you worth?

Customer: replied 1 year ago.
We sold our home and made £4,000 roughly so about £2,000 each, everything we made on the property and everything inside we was split evenly..
Customer: replied 1 year ago.
We sold our home and made £4,000 roughly so about £2,000 each, everything we made on the property and everything inside we split evenly..
Expert:  Clare replied 1 year ago.

Finally - is your ex likely to make an issue of this?

Customer: replied 1 year ago.
I'm unsure if I'm perfectly honest, that's why I wanted to know where I stood legally.
Expert:  Clare replied 1 year ago.

The simple answer is that yes your ex does indeed have a potential claim over your new property

However from all that you have said it is unlikely that a court would grant her a share of it since it is clear that you have in fact shared such assets as there were at the time if the divorce.

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
Would it be costly for her to try and achieve such a goal? And would it be legal to sign my share of the property over to my girlfriend? Thank you for your assistance you have been very helpful I will rate you highly shortly..
Expert:  Clare replied 1 year ago.

There is no point in signing your share over - it would not stand in the way of a claim

It would not necessarily be expensive in cash - the fee is £245 - but in terms of time and effort it would be a lot of work with little chance of a return

Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for all your help, I feel safer knowing what you gave told me.
Expert:  Clare replied 1 year ago.

Good luck I hope all goes well