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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34907
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 husband and have not lived together for two years i want

Customer Question

my husband and have not lived together for two years i want to buy a house on my own can he still have a claim on it if so is there any way round it
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.
Are you intending to have a divorce soon?
What financial assets does he have?
Customer: replied 3 years ago.

we had not thought of a divorce yet his assets are the house we split in half and both went into rented accomodation

Expert:  Clare replied 3 years ago.
Did you agree the financial arrangements on separation in writing?
Customer: replied 3 years ago.

no just agreed to share remaining money left from the sale to be shared

Expert:  Clare replied 3 years ago.
Technically unless and until there is a final financial order within the divorce proceedings then either of you can make a financial claim against the other in respect of any capital assets held at the time of the divorce.
It has to be said that unless there are children involved it is unlikely that the court would award your ex a share of any assets acquired after separation, so realistically it is unlikely that your new property would be at risk.
However to be certain you could either have an immediate divorce based on the fact that you have lived apart for two years and both agree to the divorce; or sign a Separation Deed that sets out the financial agreement that you have reached and confirming that neither of you will make a claim against each other.
I hope that this is of assistance - please ask if you need further details