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JimLawyer
JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 7023
Experience:  Senior Associate Solicitor
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Been separated for 5 years and, want to buy a house, is she

Customer Question

Been separated for 5 years and, want to buy a house, is she entitled to any of the house
Assistant: What steps has she taken? Has she filed any papers in family court?
Customer: No
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does she live in?
Customer: Yes
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you
Submitted: 7 days ago.
Category: Family Law
Expert:  JimLawyer replied 7 days ago.

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you this evening.

She may be, yes. It depends on the availability of other assets accrued during the marriage. Could you please confirm if there are other assets including pensions, cash savings, and so on.

Customer: replied 7 days ago.
No other assets where obtained during our marriage apart from debt
Expert:  JimLawyer replied 7 days ago.
Ok, potentially she could claim because your financial ties with her are not yet severed. Ideally you would have a judicial separation or a divorce and a signed clean break order (if no assets are to be split) and then your ex has no future claim. Are you able to agree a clean break order with your ex before you commit to buy a new property?
Customer: replied 7 days ago.
We have have had no financial ties since we separated, no joint debts nothing
Expert:  JimLawyer replied 7 days ago.
Thanks, though you are still legally married which means financial ties are still not severed. The way to do so is to have a clean break order drafted up. Either a judicial separation or a divorce should be applied for - once you have the decree of separation (or decree nisi of your divorce) lodge the signed order at court. This company can both draft the order and file it for you:
https://www.divorce-online.co.uk/blog/clean-break-orders-and-why-you-must-have-one/
Expert:  JimLawyer replied 6 days ago.

I hope this helps – if you can please give a positive rating by clicking 5 stars (at the top of your screen), I can answer any follow up questions at no extra charge and I will be credited for helping you today.

Many thanks,

Jim