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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Me and my husband married in October 2015. We separated in

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Hi me and my husband married in October 2015. We separated in may this year. Since I have put in to buy my council house as I have 20 years discount. My husband only lived with me from when we got married. If I buy it in my name only now we are not together can he when we divorce calm any of my property? Please help thanks.

Hi, thank you for your question. Legally, as neither of you have remarried or a final order has been made, either of you are able to pursue a claim against the other for any assets. You have good argument that he should not be entitled to it as you have acquired it post-separation that he should not be able to claim against it, but there is always a risk that he could.

If you wish to receive further information please confirm:

-How old are you both?
-How long you lived in the property together?

-How long you have been separated?
-Do you have any children together, if so their ages and arrangements?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

In the meantime if you have found this helpful please provide a positive rating as I will not be credited for assisting you without a positive rating. Thank you

Customer: replied 1 year ago.
Ok thankyou very much. Will delay buying my house till divorce is compleated. Thankyou.

You should be aware that even when the divorce is granted, if there is no formal court order in place settling the finances, you are both entitled to pursue a financial relief claim against the other. You should therefore think about coming to an agreement regarding the finances before considering the property purchase.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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