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Separation v Divorce and property.

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  • Separation v Divorce and property.

    Hi. So I remarried a number of years ago and my spouse came to live with me in England in 2009. In 2011 I bought a house and used all my life savings of 30k as a deposit. Now the marriage has gone into rocky waters. She hasn't contributed a single penny to the house, and isn't on the mortgage or title deeds. If things went pear shaped could she still have a claim on the house? We have been married 12 years.
    I don't mind paying her, but I feel that she is trying to get away with whatever she can
    Ideally I want to sell the house and then give her some money, ie money she can use to get her own place etc.
    But someone told me I can't even sell the property if she doesn't consent. I was told there is now a form that has to be filled in by anyone over 18 who lives in the house.
    Is this accurate? (even when she not on the title deeds or mortgage? )
    Lastly I wish to know what would happen if I paid the remaining mortgage of and then 'gifted' the house to my children from 1st marriage ie could she put a stop to that. Any help would be appreciated. Thanks
    Tags: None

  • #2
    I think you may be in for a shock! Start thinking of 50 % and you may get your deposit back

    Comment


    • #3
      Article here about complexities of calculating division of assets: https://www.nelsonslaw.co.uk/court-d...ssets-divorce/

      Comment


      • #4
        What about the last part of my original question ie if I managed to completely pay off the remaining mortgage and 'gift' the property to family. I honestly don't mind losing out and giving out to my family rather than her and her family take it. Seems like that's all they are interested in ie taking me to the cleaners!

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        • #5
          Then it will be said that you purposely got rid of assets to thwart the process and will retrieve it.

          From experience, 2x, you can't win, just minimize loss

          Comment


          • #6
            Unfortunately the advice already given to you is accurate. Your wife has a claim on the house and you cannot defeat that claim by gifting it to your children. I would advise you get some detailed legal advice asap.
            My name is Philip Bowen.
            I am a direct access barrister specialising in family law. I can be instructed directly via https://www.clerksroomdirect.com/
            Please email Sam.Morgan@clerksroomdirect.com who manages my schedule for any enquiries.

            Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice.
            Any public advice I provide online is without liability.

            Comment

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