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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33279
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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, My former wife died in 2009 and the insurance paid off

Customer Question

Hi, My former wife died in 2009 and the insurance paid off our mortgage. I have since moved on and recently sold my house last year for £217k and bought a new £270k property with my new partner (fiance) with an £80k mortgage. I'm soon to be married and whilst I'm more than confident it will have a successful future, I wondered if the marriage did fail, whether I would be liable for the funds I acquired in my previous marriage?
Many thanks,
Allan
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Has your new partner made any financial contribution to the purchase of the property at al?
Clare
Customer: replied 1 year ago.

Thanks Clare,

No she hasn't at this stage. She's in the process at the moment of forcing the sale of her house with her former partner with a view to gaining 50% of the mortgage surplus (about £12k) and investing that in our property and becoming named on the mortgage.

Also I should mention, I bought a flat in 2012 for £90k which I rent out and I have a £75k mortgage on this and so would like to know if this is vulnerable as well?

In case this is relevant - I have a son and she has 2 daughters. She works part time for about £450pm, I take home about £2300pm and we have a joint bank account which pays for all our expenses.

Let me know if you need further info.

Expert:  Clare replied 1 year ago.
Hi
The longer you live together then the greater her claim on the matrimonial assets in the event of a divorce
If the marriage, so yes if you do divorce after living together for say three or four years then she will indeed have a financial claim on the matrimonial home - not for 50% or anything close - but quite possibly for something between 10% and 20% and that share will rise over the years
However if you always keep the flat separate and never use joint funds on it then it is never likely to be seen as a matrimonial asset
Please ask if you need further details
Clare

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