Divorce and property

[geordie_minx]

I am separated from my husband - been apart now for 4 years although nothing legal was organised. I want to divorce him next year when, hopefully, he has a job and I won't have to pay maintenance. If I buy a house in the meantime, will he be able to make a claim on it?

[Law Man1856]

If you've been living seperately for 4 years and you buy a house on your own he should have no right to claim any part of it. I assume from the question that children are involved with your reference to maintenance. Who got the original home? and was any equity shared?

A good family solicitor will advise you as will the citizens advice on these matters.

[geordie_minx]

We do have two teenage children. They live with me, but a solicitor told me I'd have to pay maintenance if my husband couldn't afford to provide a home that they could visit him in. We own a house in the USA - in my name - which hopefully will be sold by the summer of next year. I fully intend to give my husband 40-50% of the profit we make on that.

I just wanted to make sure before I took the plunge a bought a property in the UK that my husband would have no rights to a share of it in our divorce.

[ummmm]

I don't know the laws of America. But if you bought a house in the UK I'm sure there would be no way he could claim on it.

Why hasn't he got a job?

And how stupid that you have the children and have to pay him maintenance. He should be paying you!

[Pippa68]

I thought a separation wasn't legal unless it was applied for through the courts? if this is the case I wouold be careful what you do financially until you are legally separated or divorced.

[geordie_minx]

I think the way to go here is to follow Law Man's advice and contact the CAB.

In answer to your question, Ummmm, he hasn't got a job because he's looking for a specific kind of employment and won't take anything else in the meantime. Unfortunately, he can't quite see that his tunnel vision in this respect is affecting a lot more people than just him.

Oh well, these things are sent to try us. Thank goodness for AB!

[lady_p_gold]

I would have thought that even if you have been apart for four years you are still married and everything is part of the marital pot. I would be very careful if I were you.