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Selling home, can e...
 
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[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
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