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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33312
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 buying a property with my new partner, I seoared from

Customer Question

I am buying a property with my new partner, I seoared from my ex husband in 2009 and we are not divorced. The money I'm using is not from the property we sold when we split up. Would he have any rights to the new property we are buying?
Submitted: 24 days ago.
Category: Family Law
Expert:  Clare replied 24 days ago.

Thank you for your question

My name is Clare

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

Do you and your ex have a Separation Agreement in place?

has your ex purchased another property?

Customer: replied 24 days ago.
No separation agreement. He hasn't purchased another property he currently rents
Customer: replied 24 days 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.
Customer: replied 24 days ago.
Hi Clare,
Sorry, I didn't want the phone call. Could we just stick to the answer on mesaging please
Expert:  Clare replied 24 days ago.

I am sorry the site pop ups are a menace beyond my control.

Whilst your ex would not actually have a financial claim on the new property, your share of that assets would be taken into account in deciding how any other assets are divided between you (savings etc)

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

Customer: replied 24 days ago.
I don't understand that answer!
What do you mean by
'your share of that assets would be taken into account in deciding how any other assets are divided between you (savings etc)'
There is nothing else the house was sold in 2009. No other assets belong to him. Please can you answer more thoroughly
Expert:  Clare replied 24 days ago.

When the time comes for a divorce then technically your ex could make a financial claim against you (just as you could against him)

If he does and the matter goes to court then ALL assets that you each have at the time it goes to court are available to the court to distribute.

However the fact that your new property was purchased well after separation means that it is the court will not see this as something to be divided between you BUT if there

are other assets - cash savings etc then he might get a larger share of those.

This of course assumes he actually applies for it - unlikely from what you have siad

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