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Peter Collins
Peter Collins,
Category: Family Law
Satisfied Customers: 1035
Experience:  Barrister at Self Employed
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I am currently married but separated. (not living together).

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hi
I am currently married but separated. (not living together).
I am buying the house from my husband this is due to complete ASAP.
I am paying him out 50% of the equity. As we paid in 50%.We will be filing for divorce ASAP on the grounds of adultery,My question relates to the divorce and whether he can try to claim 50% of the house once I fully own it (even though I have already paid him 50% during the sale? )We have no other joint assets so nothing else to divide during the divorce and we have not children.

Hello, my name is ***** ***** I am here to assist with your question. Essentially, if you have bought him out of the his share of the equity, then he should have no further claim on the property, him having taken his share and putting him in the position that he would have been had you decided to sell the house and split the proceeds. If you have come to this arrangement prior to the divorce, then essentially the financial side of things will not be contested.

Customer: replied 4 months ago.
Thank you - that is what I thought
Also in relationship to a Will - I currently don't have one. But I am planning to make one prior to the house completing as I assume he would automatically inherit it if I didn't have one as we are still married ?

Yes you are right in that if you were to die intestate and you were still married that he would inherit your estate. Even with a will, if you are still married there may be a claim on some of your estate, but it's not straightforward. So though a will is your first layer of protection, the divorce would effectively be your only way to ensure any of your estate does not pass to him.

I hope this has assisted and I would appreciate you accepting my answers and rating five stars so I can be credited by the site for answering your question today. Many thanks, Peter

Customer: replied 4 months ago.
that is fine I will be filing for divorce ASAP.
thank you

No problem, happy to have assisted. Best wishes, Peter

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