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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34275
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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I remarried and I want to leave a property in trust with my

Customer Question

I remarried and I want to leave a property in trust with my ex partner for our child .
If I ever was to get a divorce which I don't want to would my new husband be entitled to any of the property in trust.
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.
Is the property also the Matrimonial Home?
Clare
Customer: replied 3 years ago.

It is the matrimonial home.


We pay rent to my Sister for her half share of the property.The property was left to my sister and I in our fathers will at death in 2009.I re married 2011.


My ex partner wishes to pay my sister off but will only do so if my husband can not claim against it if we were to divorce.My ex and I would then put the house in trust for our daughter via a solicitor.


We would then pay my ex half towards the rent and my ex and I would pay repairs that my sister and I presently pay for.The house is still in my fathers name and would go in my expartners and my name at the land registry.

Customer: replied 3 years ago.

yes


 

Customer: replied 3 years ago.

The property is also the matrimonial home.

Expert:  Clare replied 3 years ago.
Hi
If you are living in the property as a couple and you are paying towards the repairs then yes your husband would have a claim on YOUR half of the property
It could be avoided if you go to the expense of setting up a formal trust and you pay a market rent for the property and all repairs were paid from that then your husband would not have any claim.
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Do you have any futher details you could give regarding this?

Expert:  Clare replied 3 years ago.
Hi
Matrimonial home rights are discussed here
http://www.d-w-s.co.uk/blog/protecting-home-rights-under-the-family-law-act-1996/
My concern would be that is you simply dealt with this by creating a Declaration of Trust confirming that the property was held for the child then unless your husband also signed it and acknowledged that he was giving up his rights to the property as well then it could be challenged in the future
Remember - we are ONLY talking about YOUR half of the property
Clare