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Kasare
Kasare, Solicitor
Category: Property Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
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My husband and I are separated. We are in the process of selling

Customer Question

My husband and I are separated. We are in the process of selling our house. Once sold all debts will be cleared and the remaining funds split 50/50. If I then buy another house in my name or joint with someone else, could my husband claim any part of it when we come to divorce?
Submitted: 2 years ago.
Category: Property Law
Expert:  Kasare replied 2 years ago.
Hi thanks for your question, I will assist you with this.

Can I ask, how you have both come to the agreement that you have, i.e. sell the house, pay the debts and split remainder? Is this an informal agreement?

Thanks

Customer: replied 2 years ago.

Hi yes, we have just agreed it between ourselves.

Expert:  Kasare replied 2 years ago.
Ok, do you have this agreement is writing? If not, then if you wish to resolve the financial aspects now, I would strongly recommend that you formalise this agreement, with the benefit of independent legal advice for both you and your husband.

What is the current financial position of you and your husband? Do you both work? Do you have similar incomes or does one of you earn significantly more? Are there any children/maintenance issues?

Sorry, to ask, but I want to make sure there are no particular issues that would affect a clean break agreement/arrangement.



Customer: replied 2 years ago.

No we don't have it in writing. We have verbally agreed it.


 


We do have 2 children aged 4 and 8.


 


He moved away last July so was living away during the week and renting a property, coming back at weekends. We agreed a percentage split of all the bills relating to our property dependent on our salaries at that time. He then gave me £200 pm towards food/house keeping.


In March this year we agreed to properly separate, he moved closer to home but now doesn't come back at weekends. We put the property on the market and have now sold. We have said that once sold we shall settle all remaining joint debts (we listed them back in July) and whatever is remaining is split 50/50. He hasn't yet said how much maintenance he will give me.


We are both working but he is self employed and earns significantly more than I do.


I have been looking for somewhere to rent but I'm also looking at a shared ownership property. I have an appointment this week to see if I can get a mortgage based on just my income (without any maintenance).


If I can get a mortgage my parents have said they could put in some capital so we could buy a place between us and we could some something like the shared ownership scheme, only with them rather than the housing association. My only concern there is if my husband could then claim a share in the property if we fell out before going through divorce.


 

Expert:  Kasare replied 2 years ago.
Hi Gillian

To be fair, it sounds as though a 50/50 may be more in the interests of your husband than you if he earns significantly more! I would recommend you obtain face to face legal advice on your rights in respect of financial division (separate from the issue of maintenance).

All property owned by you and your partner will be taken into account by the court when arriving at a financial settlement, if one cannot be agreed between you, although the court can choose to ignore any assets acquired after separation if they feel it is correct to do so.

In this instance, given the "agreement" you could ask the court to not take any property into account as you have divided the profit from the family home after paying joint debts etc. Whilst they could/should take this into consideration and ignore this, I cannot guarantee this. Nevertheless, if your husband sought to try to claim this, then equally you could claim any property, assets or savings he may have.

Ultimately, my advice would be to try and get face to face legal advice, draw up any agreement you have reached (that you are both happy with) and both parties take advice on this and sign (although this does not prohibit either party asking the court to vary this)and wait (if you can) until after the divorce to purchase any property.

Finally, I should add that if this is a shared ownership property - with your parents or the housing association - he could only claim at most a proportion of your "share" not the entire property.

I hope this assists, if there is anything else, please ask.
Kasare, Solicitor
Category: Property Law
Satisfied Customers: 1301
Experience: Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
Kasare and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your advice. I have made an appointment with a local solicitor so I can discuss face to face as you recommend.

Expert:  Kasare replied 2 years ago.
Excellent, I really do think it will be of benefit to you.

Good luck with it all.

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