If I buy a new house can my ex claim

moto19590

Morning. I have been finally separated from my husband for 2.5 years now though we have not started divorce proceedings. Anyway, in Spring this year my friend sadly died and has left me the proceeds of her house sale which is currently being processed. Once completed I am hoping to buy a little house of my own (renting at the moment) and just wonder if my estranged husband can make a claim. My friends house was never anything to him and he had no interest in it so am I safe with the purchase, does anyone know?

Alter_ego

I don't think your ex would have a claim, but he isn't ex.

tom9980

Until you are divorced and have a financial settlement order then yes i believe he has a claim, technically he could already claim half your inheritance, depending on the circumstances of your marriage.

Suggest you read https://www.wikivorce.com/divorce/ and seek advice there, but I suggest you get divorced ASAP.

davidmcn

If it's not a matrimonial home and he's not contributed towards the costs I can't see what claim he'd have.

DigForVictory

You are not yet divorced, you are still financially linked - clear the decks (of not-properly-ex) before starting your future properly.

paddyz

Yes he can, until you have agreed on finances legally or been divorced husband could possibly claim part of the estate, best to get to the solicitors and get this sorted now

AdrianC

A divorce financial settlement won't view the house any differently to the assets that you use to buy it.

Since the inheritance is clearly "yours", and clearly came after the split between you, then I'd have expected it to be outside the pot of marital assets to be divided, but that's really one for the relationships board, not house buying...

https://forums.moneysavingexpert.com/forumdisplay.php?f=24

sal_III

You are still legally married, so he has claim on your inheritance as it was squired during your marriage. Whether it remains as cash or you buy a property with the funds is irrelevant.

Whether his claim would succeed in court under the circumstances is a different matter. I would suggest you discuss this with the solicitor that is/will handle your divorce.

AnotherJoe

And !!!!!! start divorce proceedings ASAP. The number of people on here still linked to "ex's" years and years later astounds me. I would doubt but IANAL he has no claim on something that he has no contribution to but why give him the opportunity.

moto19590

If the shoe was on the other foot, I wouldn't be trying to claim - it wouldn't be mine

Mojisola

DigForVictory wrote: »

You are not yet divorced, you are still financially linked - clear the decks (of not-properly-ex) before starting your future properly.

And, unless you've made a will, your husband will automatically inherit from you should you die first.