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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My wife and I are in our seventies. We married in 2010. The

Customer Question

My wife and I are in our seventies. We married in 2010. The marriage lasted 45 weeks over a period of 2 years. I bought a holiday home in joint name with part of the proceeds from the sale of my former family home.

Is the holiday home a pre marital asset???
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How much is the property worth and is there a loan on it at all?
What other assets do you each have?
Clare
Customer: replied 2 years ago.
Value of property is 400k euros
Customer: replied 2 years ago.
Value of property is 400k euros. No loan.
Expert:  Clare replied 2 years ago.
Hi
Did all the funds come from you - and what other assets do you each have?
Clare
Customer: replied 2 years ago.

yes all money for house came from me...,from sale of my family home in england. The other assests are as proir to the short marriage. House in Portugal was purchased in joint names as she promised to put the sale proceedings of one of her house sales into the portugal house. She did this but then when we split she withdrew the lot immediately

Expert:  Clare replied 2 years ago.
Hi
How much did she withdraw?
I assume that you are both adequately housed
Clare
Customer: replied 2 years ago.

she withdrew £160k, the amount she put in. At the moment she lives in the house in portugal. I live in a rented property in Portugal. She has another apartment in solihull and I have limited funds

Expert:  Clare replied 2 years ago.
Hi
This is not a pre-marital asset - it is a property that you purchased together
The question for the family court will be whether or not this is an asset that should be shared between you - it is whether or not they should take action to return each of you to the financial position that you were in at the time the marriage began
From what you have said this is the most likely outcome given the other assets and the needs of each of you
I hope that this is of assistance - please ask if you need further details
Clare

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