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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 9985
Experience:  Senior Associate Solicitor
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I have been seperated for 6 months and no talk of divorce as

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Hi, I have been seperated for 6 months and no talk of divorce as yet. We are going to wait until the 2 years separated have elapsed to make things less complicated. We are still friendly and have 3 children together. My question is I’m looking at buying a property with my mother. She will supply the funds for the deposit and I will pay the mortgage etc and the house will be in my name. Will this cause problems when I finally get divorced or not be an issue?
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: Nothing as yet.
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I’m in Norfolk
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: not that I can think of

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

Until a consent order has been approved by the family court then potentially the new property could be claimed against - the reason being, financial ties are not severed with your ex until either a clean break order or a consent order is approved by the family court. It is less likely to be taken in to account as it would have been obtained after you separated - but if the other assets do not provide enough for your ex then the new property could be taken in to account.

Ideally, you would apply for a judicial separation and then have a signed clean break order from your ex - this would then deal with the finances (to sever the ties between you both). With a legal separation you do not have to prove the marriage has irretrievably broken down (unlike for a divorce) so is quicker - and you can also ask for a financial order too.

To apply for a judicial separation, the site is here: www.gov.uk/legal-separation

And for information on a financial order: www.gov.uk/money-property-when-relationship-ends/apply-for-a-financial-order

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

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Customer: replied 5 months ago.
Tha k you for your help and that certainly answers my questions.