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House bought post seperation with no marital assets, does she have a claim?
#1
Hi All,

I separated from my wife in May 2015. The separation had been a long time coming and we had been sleeping in separate rooms for almost 4 moths prior. My folks moved some way away the previous year and I knew that I needed somewhere to live post separation.

I looked at renting but my parents kindly offered to help with a deposit on a new house.

Long story short I completed on a house the week after she left the rented marital home. I didn't want to complete until I knew the separation was final.

It would seem from communication with her that she feels she is entitled to some of the house. Where do I stand? There was no money from the separation, we had no savings and no assets and I can prove my parents gave the money for the deposit.

It's been a really hard year, on the bread line trying to pay the mortgage and the child contact court costs (upwards of £6000)! Now I am back on my feet (just) she is hitting me with this? Seems unfair!

Thanks

ADTR
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#2
Definitely seems unfair!

Did you have a separation agreement drawn up stating the details of the financial situation?
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#3
I'm afraid not. I tried numerous times but she wasn't interested.

Just a bit more info, we are currently going through mediation. I took on a substantial marital loan (i have evidence a significant chunk went direct to her) and am still paying this loan as she pleaded poverty.
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#4
Bank records of your parents transferring the money to you then you transferring it out for purchase of house?

When you say communication from her... do you mean solicitors letter or just an email asking... if its the later, don't respond (but keep it), you are entitled to get on with your life after separation and i doubt if she'd won the lottery the day after the split she'd be running to you to give you half!
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#5
Thanks for the responses.

I have signed documentation from my parents saying it was a gift (as I needed that for the mortgage in the first place).

We are currently going through mediation and the process requires 3 separate valuations. I have arranged these. Today I got an email stating that she wanted to pass my number on to an Estate Agent local to her (she lives around 30 miles away) so she could get a valuation! What a cheek!

I refused on the grounds that the mediation process hasn't requested it.

This is my home I have built for myself and my children. I have a child from a previous relationship too and needed to provide for both of my children. I know I am luckier than some but i have scraped by for almost two years to get here!

Also just for disclosure, there arent thousands sitting in equity. Without being too revealing my mortgage is 95% loan to value (at the time I took it out).
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#6
(01-09-2017, 03:25 PM)ADTR_2014 Wrote: Hi All,

I separated from my wife in May 2015. The separation had been a long time coming and we had been sleeping in separate rooms for almost 4 moths prior. My folks moved some way away the previous year and I knew that I needed somewhere to live post separation.

I looked at renting but my parents kindly offered to help with a deposit on a new house.

Long story short I completed on a house the week after she left the rented marital home. I didn't want to complete until I knew the separation was final.

It would seem from communication with her that she feels she is entitled to some of the house. Where do I stand? There was no money from the separation, we had no savings and no assets and I can prove my parents gave the money for the deposit.

It's been a really hard year, on the bread line trying to pay the mortgage and the child contact court costs (upwards of £6000)! Now I am back on my feet (just) she is hitting me with this? Seems unfair!

Thanks

ADTR

One angle you want want to look at, is if any records exist of the date you started your own finances.

If you have anything lije a request for child support before the day of compleation, it will show it was your own money, obtained after finantial seperation.

Unless she can evidance that you walked away from the relationship with "family money", I do not think she has a case.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#7
(01-09-2017, 08:30 PM)MarkR Wrote:
(01-09-2017, 03:25 PM)ADTR_2014 Wrote: Hi All,

I separated from my wife in May 2015. The separation had been a long time coming and we had been sleeping in separate rooms for almost 4 moths prior. My folks moved some way away the previous year and I knew that I needed somewhere to live post separation.

I looked at renting but my parents kindly offered to help with a deposit on a new house.

Long story short I completed on a house the week after she left the rented marital home. I didn't want to complete until I knew the separation was final.

It would seem from communication with her that she feels she is entitled to some of the house. Where do I stand? There was no money from the separation, we had no savings and no assets and I can prove my parents gave the money for the deposit.

It's been a really hard year, on the bread line trying to pay the mortgage and the child contact court costs (upwards of £6000)! Now I am back on my feet (just) she is hitting me with this? Seems unfair!

Thanks

ADTR

One angle you want want to look at, is if any records exist of the date you started your own finances.

If you have anything lije a request for child support before the day of compleation, it will show it was your own money, obtained after finantial seperation.

Unless she can evidance that you walked away from the relationship with "family money", I do not think she has a case.

We both held our own current accounts and one joint account. The joint account was closed soon after.

I do have an email showing that she left the rented marital home on the 23rd and I have my completion letter for the house that i bought showing the date to be the 29th.

There was no family money to speak of so that should be fairly easy o hold her off with.

I think I have a very strong argument to say that the house is not a marital asset. If that fails then I have a backup argument about the money I am still paying off in marital debt and therefore anymore she is "entitled" to gets wiped out due to what I am paying now.
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#8
I know its worrying but i would stop entering into her conversation

Its her argument, not yours and unless anything legal hits your door then don't add fuel to her fire

She has to prove what she believes and you don't have to defend your life decisions to her .... and if you do in court you have all your evidence

Oh and be ready for "He's a b*astard that spent all my money on his house" for the next 20 years but you've moved on with your life - congratulations. Sounds like she is struggling to do the same
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#9
(01-10-2017, 08:50 AM)LTCDAD Wrote: I know its worrying but i would stop entering into her conversation

Its her argument, not yours and unless anything legal hits your door then don't add fuel to her fire

She has to prove what she believes and you don't have to defend your life decisions to her .... and if you do in court you have all your evidence

Oh and be ready for "He's a b*astard that spent all my money on his house" for the next 20 years but you've moved on with your life - congratulations. Sounds like she is struggling to do the same

Thanks, that's the same conclusion I have come to. It's been almost 2 years and she still refuses to drop my child off (her mum does it!).

I have a mediation session approaching and I needed to collect my thoughts and arguments. This thread has helped to bring some clarity to the situation. Thanks all!!
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#10
Her mum dropping the kid off is her issue... guess you've no desire to have coffee with your ex?

Mediation... focus on what your responsible for ... 3 things... Being a good dad via your custody (you have it if you have PR), contact (you have it now), paying maintenance (not an ex on this earth is not asking for more than the law says is entitled to).

You only need an argument if you want something to change and remember you do not have to defend your life decisions to her.
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