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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 34026
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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You may remember I spoke to you a week ago, about the

Customer Question

You may remember I spoke to you a week ago, about the relationship problems I was having, and the fact that I was living with my mother, and my husband wasn't responding to texts or phone calls. You asked me if I wanted to start divorce proceedings which I am reluctant to do. My question is, I have seen a flat I like, and can get a short term mortgage which I can pay off when I get the pot of money from my husband. I just need to know, if at some stage, there was division of assets, would this flat, with my name on the deeds and mortgage, be part of the assets that would be split, or would this be separate? If you could let me know that would be a huge help, as to whether I am able to begin to move on, on my own and get the flat I like, or whether it's just a waiting game with me in temporary accommodation at my mum's. A two bedroom flat will give me the independence that I crave and also enable me to have my grown up children to visit etc, something which is pretty difficult at the moment.
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
As it's nearly 24 hours since I asked this question, I wonder if I will be getting a response soon please? Thanks.
Expert:  Clare replied 8 months ago.

My apologies for the delay

Any such new property would form part of the assets that the court considers.

However it would not necessarily be seen as an asset to be shared - and of course any loan you have taken out to fund it would also have to be taken into account

Please ask if you need further details

Customer: replied 8 months ago.
If i am borrowing funds for a deposit for example, if I get a letter saying a certain amount is a loan to be paid back, would that cover it? Thanks
Expert:  Clare replied 8 months ago.

Yes - better still if you ensure that friends/family agee a formal loan agreement

Customer: replied 8 months ago.
Can I somehow get it written into an agreement or something, that any monies, whether as a loan from a family, or equity I may have in the new property, has occurred after our separation, and is therefore not part of any asset while we were together?
Expert:  Clare replied 8 months ago.

The agreement between you and the person lending you the money should be dated after the separation

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