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History: Home UK Divorce Forum
Topic:
Looking 4 Clean Break - Property bought before marriage part of matrimonial assets? (4 Posts)
Started By:
Date:
27 January, 2017 10:55AM
Looking 4 Clean Break - Property bought before marriage part of matrimonial assets?
newcasa - 27 January, 2017 10:55AM
Hey again,

As the wife now filed for divorce and the child arrangement is already in court to be decided next month so the only thing left is to sort out the finances and It would be beneficial for me to get a clean break as I am going to very wealthy in next 5-10 years smiling smiley

  1. - I bought my own 2-bed house a year before I married my wife while we were dating but did not live with me. She moved in when we got married.
  2. - 3 years later I bought a 3-bed house on my name borrowing deposit from a friend lived there until she moved out last year.
    I sold the house since and after paying back all the deposit debt and mortgage I got left over with 25k
  3. - 4 years ago I bought another 2-bed house on her name where paid 20k deposit and rent it out. She changed the locks to this house moved in here with the kids. The house is now worth about 70k with 35k mortgage

If anyone can please explain the following
  1. - Will this property be part of the matrimonial asset? I moved to this property and use it as my office too. have equity of about 50k.
  2. - I am sure 25k is 50/50
  3. - The house has about 35k equity and I also paid the deposit of 20k. mortgage payments are about 200 per month always paid from her account.

in short we have 35+25=60k asset does it mean she owe me 5k?
She started part time 2 years ago so never contributed financially.
We don't have any joint accounts etc.

I do not want anything from her but do you think our finances are straight forward.

Best regards
Re: Looking 4 Clean Break - Property bought before marriage part of matrimonial assets?
davidterry - 27 January, 2017 04:46PM
There is a dependent child so

(a) That trumps the fact that you owned property prior to marriage and

(b) it makes it unlikely that a clean break would be ordered by a court.
Re: Looking 4 Clean Break - Property bought before marriage part of matrimonial assets?
newcasa - 27 January, 2017 10:07PM
Could you please explain more

I gathered that you are saying the property I bought before the marriage will be part of the matrimonial assets because I have children?

and why the clean break will not be ordered by the court?

Thanks again for your time to reply.
Re: Looking 4 Clean Break - Property bought before marriage part of matrimonial assets?
newcasa - 31 January, 2017 11:30AM
Any comments please davidterry. Thanks
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