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What are we each entitled to in our divorce settlement?

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Buying house before divorce

  • DaveC
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13 Feb 08 #13795 by DaveC
Topic started by DaveC
Ive been seperated from my wife for nearly 2 years due to her having an affair, and i am thinking of buying a house before i get divorced.
Just seeking a bit of advice as to whether she would be entitled to anything from the new property or should i hold fire..
I left the house we shared which was rented with just the clothes on my back..

Any advice would be great

  • dukey
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15 Feb 08 #13995 by dukey
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Hi dave left with the same i bought a house one year after seperation but before divorce the advice i was given was that the house would not be part of the marital pot (my new house that is) for peace of mind why not book a free half hour with a sol, dukey

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15 Feb 08 #14029 by dukey
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Hello again there seems to be much confusion tis may help.
nicholas mostyn Q,C comments on Miller and MacFarlane 2006

"matrimonial property and non matrimonial property

He held that assets aquired or created by one party after or during a period of seperation may qualify as "non-matrimonial" property if the property in question was aqired or created by a party by virtue of their personal industry and not by use of an asset created during the marrage.

end quote

he also adds in the article that property aquires after one year of seperation under the above circumstances must be considered non-matromonial

Vail right of course it is a fuzzy area but i hope the above helps, dukey

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