DAD.info
Forum - Ask questions. Get answers.
Welcome to the DAD.Info forum: Important Information – open to read:

Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.

Alternatively, if you are in crisis, please call Samaritans on 116 123.

If you are worried about you or someone you know is at risk of harm, please click here: How we can help

Selling home, can e...
 
Notifications
Clear all

[Solved] Selling home, can ex claim anything?

 
(@sobriquet)
Eminent Member Registered

Hi all,
I am currently looking to sell my house; I will be buying another house, but, if there is any equity left over, can my ex claim anything, at all?

I have checked the CMS website and it is a bit ambiguous, bit, as far as I understand if was not going to buy another property, then, perhaps this would be the case.

Thank you for your constructive replies.

Quote
Topic starter Posted : 06/08/2020 11:47 am
(@dadmod2)
Illustrious Member

hi,

were you married to your ex, or did she make any mortgage payments towards your house? if so, then she can likely have a right to some equity.

i came across this info about CMS and property:

We’ll now include the following type of income in child maintenance calculations:

-assets such as coins, gold and property (not including the paying parent’s home)
-income generated from an asset over time such as property or land, or income generated from a sale
-foreign income
-any unearned income, such as inheritance, rental income and interest on bank accounts
-The paying parent will not have to sell their home or the property where they do their business to pay any additional child maintenance.

https://www.gov.uk/government/publications/child-maintenance-compliance-and-arrears-strategy-2018/child-maintenance-changes-to-compliance-measures

ReplyQuote
Posted : 06/08/2020 3:43 pm
(@sobriquet)
Eminent Member Registered

Luckily enough, no, we were never married, living together etc.

Yes, I saw this, but, the sentence (not including the paying parent’s home) is a little ambiguous, or, to be taken at face value..

ReplyQuote
Topic starter Posted : 10/08/2020 5:41 pm
(@dadmod4)
Illustrious Member

My opinion on that sentence is anything they consider to be an investment (I'm surprised they didn't mention shares) or a way of storing value other than bank accounts. I suspect it's deliberately vague so they can assess on a case by case basis, for instance, I'm guessing that a car wouldn't be included normally, but if you purchase a classic Ferrari, then it may well be included.

ReplyQuote
Posted : 11/08/2020 4:26 pm
(@dadmod2)
Illustrious Member

sounds like they mean they won't touch your home whether you sell and buy a new house to live in. but if you have a 2nd home, or some buy to let properties etc, then they could target those if they wanted to.

ReplyQuote
Posted : 11/08/2020 11:02 pm
Share:

Pin It on Pinterest