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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 husband & I have been married for 3 years. We have 1 property

Resolved Question:

My husband & I have been married for 3 years. We have 1 property which we jointly own & live in. My husband also owns several other properties which he lets (he purchased these properties before we met).
Currently I work, but once I retire, both myself & my husband will be relying on the income from my husbands properties.
If we were to divorce at any time in the future, would I be entitled to any of these properties?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you actually lived together?
How much is the matrimonial home worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.

We have been married for 3 years & have lived together for 4 years. Our Matrimonial home is worth c. £450k & the mortgage for this is £210k.

Expert:  Clare replied 3 years ago.
Hi
How was the purchase of that property financed?
Clare
Customer: replied 3 years ago.

Equally between my husband & I.

Expert:  Clare replied 3 years ago.
Hi
May I ask how old you both are?
Clare
Customer: replied 3 years ago.

I am 42, my husband is 46

Expert:  Clare replied 3 years ago.
Hi
What pension provision do you each have?
Clare
Customer: replied 3 years ago.

We both have pensions via our employers, although my husband froze his at the end of 2012. He will be using the properties he owns (purchased before we met) to supplement his pension.


I doubt very much whether our work pensions will be sufficient.

Expert:  Clare replied 3 years ago.
Hi
The fact that these properties were acquired prior to the marriage and remain entirely separate from you in every way means that it is very possible that they will NOT form part of the assets for division between you in the event of a divorce
The Family Court has wide discretion in this matter - but the priority would be to ensure that your housing needs are met - so if there was insufficient equity in the Matrimonial Home to achieve this THEN you may be awarded a share of the other properties as well
Please ask if you need further details
Clare
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