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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 5167
Experience:  Owner at James Bruce Solicitors
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Me and my wife are separating, selling the house and paying

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Hi, me and my wife are separating, selling the house and paying off our debts, then splitting the profit down the middle. If i get a mortgage on another house, will she be entitled to any of it when we divorce?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No steps yet, she says she wants to separate and we are still living together
JA: 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: Gloucester
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We have 3 children, i collect them after school and have them until she finishes work at 9pm. So we have them equally and this won't change after we separate.

If she would not be on the deeds then no legal right to it. Also if she she would not have contributed towards cost then no right.

But as part of a divorce settlement then possibly.

It would be worth getting a contract drawn up where by she confirms that once you sell Current property and split proceeds, she will not seek any part of a new property you may buy as part of a divorce settlement.

Customer: replied 1 year ago.
Ok thank you. How do i get a contract drawn up? See a solicitor?

You could use a solicitor, or draft it yourself. As long as it is clear what the intention is, and all parties are clearly identified.

Would recommend having it witnessed when you both sign.

Let me know if I can assist further.

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