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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34910
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 separated with a 2 year old child and I wish to buy a

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I am separated with a 2 year old child and I wish to buy a property for me and my child to live in. The deposit is a gift from my father. If me and my husband divorce in the future will he be able to force me to sell the property me and my son live in, which I have brought during our separation, in order for him to take his share? I am buying solely in my name.
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
Whilst it would be more sensible to delay any purchase until you have agreed the financial side of your separation with your ex you have relatively little to worry about.
The housing needs of the child are always the priority for the Family Court so it is highly unlikely that you would be forced to sell the house before the child is 18.
Indeed there is a very good chance that the court would not see any reason why your ex should have a share of the property at all.
It would however be sensible to ensure that the gift from your father is clearly documented and that he writes a letter making it clear that it is a gift to ensue the housing needs of his grandchild.
I hope that this is of assistance - please ask if you need further details
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