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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33310
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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Hi, My husband and I both share 2 properties 50% and 50% in

Customer Question

Hi, My husband and I both share 2 properties 50% and 50% in each of the property. I have another property in Russia that was acquired long before our marriage, We have never had any prenuptial agreements. I now want to sell it and buy a buy to let property in London. How can I ensure to not share this particular property in the event of divorcing my husband? Do i need to make a prenuptial agreement or maybe I need to put my mum's name into the deed? what is the best approach?

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 been married/living together?
Clare
Customer: replied 2 years ago.
Hi since February 2012
Customer: replied 2 years ago.

Hello Clare, since 2012 Frebruary

Customer: replied 2 years ago.
Relist: Answer came too late.
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay - this did not appear on my list for some reason.
At present your relationship is so short that if you divorced within the next two or three years he would have no claim on it at all - and even after that he would not necessarily be able to claim 50% or anything close until you have been together 15 years or more
Since you are already married the only way that you can protect your interests in this property is by way of a POST nuptial Agreement which both you and your husband sign.
You would both need separate legal advice before hand.
Putting the property in your mother's name would not assist
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks Clare, if I want to avoid Post nuptial agreement is there any other way to protect it given that it is a gift from my mum and sort of inherited money in way? in Russia we do not share something which is a gift from parents... maybe the UK system has an equivalent to this?

Many thanks

Customer: replied 2 years ago.

Thanks Clare, if I want to avoid Post nuptial agreement is there any other way to protect it given that it is a gift from my mum and sort of inherited money in way? in Russia we do not share something which is a gift from parents... maybe the UK system has an equivalent to this?

Many thanks

Expert:  Clare replied 2 years ago.
Hi
Ok.
When did your mother give you the property?
Clare
Customer: replied 2 years ago.

2009 she gave it to me

Customer: replied 2 years ago.
2009

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