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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughter has her own flat , her boyfriend moved in with

Resolved Question:

My daughter has her own flat , her boyfriend moved in with her when she bought it.
They got married in April 2015 , if they divorce will he be entitled to any part of the flat?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
As the flat is now considered the matrimonial home, he will have a right to occupy the property and also make a claim for a share of the property in the event of a divorce. Furthermore, as part of a divorce and financial settlement, the wider assets of both of them will need to be considered and the court takes into account the following factors when deciding what a fair division of assets is:
1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future (including any benefits under a pension scheme which a party to the marriage has or is likely to have), including in the case of earning capacity, any increase in that capacity which it would in the opinion of the Court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties if that conduct is such that it would in the opinion of the Court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit (for example a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
Please let me know if you have any further questions regarding this.
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