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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35054
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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My wife and i have been separated for 6 years and no sign of

Customer Question

My wife and i have been separated for 6 years and no sign of a divorce on the horizon as we have two children and currently our situation works well for all involved.

My question is: i wish to buy a house with a friend as co-owner by contributing to the deposit and having a joint mortgage but if i do so will my ex wife ultimately be able to staek a claim in the property? i hgave always paid maintenance (more than needed) and all my financial assets have been saved SINCE our separation so none of it is Capital i had when we were together.

i imagine the answer isnt so simple.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you have a Separation Agreement in place dealing with the financial matters?
Customer: replied 3 years ago.
No we don't
Expert:  Clare replied 3 years ago.
Then yes technically when the time comes for a divorce your interest in the property COULD be at risk.
Do please note that I used the words Technically and could.
This will only arise of there is a dispute between you and the court becomes involved.
At that point you can certainly argue that the house was purchased using assets acquired post divorce and the Court may then exclude them - but only if the needs of your ex and the children can be adequately met from the other assets
I hope that this is of assistance - please ask if you need further details