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Will ex be entitled to my house too?

  • N33DH3LP
  • N33DH3LP's Avatar Posted by
  • Junior Member
  • Junior Member
19 Jun 12 #337553 by N33DH3LP
Topic started by N33DH3LP

I have separated about 3 years ago but am still married. My ex is living in the family home with our child, I have been renting.

I am buying my own home, and plan to sign over my half of the old family home to my ex when we divorce.

Is there any grounds under which, or is it likely that she could claim any ownership/equity in the new house I''m buying (it mortgaged, with small deposit paid with money I have earned since we separated).

I personally can''t see it as fair if a court would award the old house and some of mine to her (especially as the old family home is worth at least 50k more than the one I''m buying).

My new home is to be home for my new family including children but is to be entirely in my name.

Thanks for your help!

  • Fiona
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  • Platinum Member
  • Platinum Member
19 Jun 12 #337562 by Fiona
Reply from Fiona
The value of any assets held in sole or joint names has to be disclosed at the time of settling the finances and forms the matrimonial pot to be shared according to a checklist of factors in s25 Matrimonial Causes Act 1973. There is an argument that assets that didn''t originate in the marriage and accrued during separation by the efforts of one party alone should be taken out of the pot but rather than rely on that it is a good idea to finalise the finances.

Having said that on the face of agreeing to sign over all the equity in the former matrimonial home sounds generous so the savings/deposit might not make any difference. It really depends on the overall details.

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