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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I jointly own a property with my brother (which is a second/holiday

Resolved Question:

I jointly own a property with my brother (which is a second/holiday home for both of us). He is about to start divorce proceedings and I wondered what the impact of his ownership will have in the divorce settlement. Will his half of the house value be deemed as part of his/his wife's overall welath and therefore his wife is entitlted to half? There is no mortgage on the property. Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. Where does your brother live and where is he issuing divorce proceedings?
Customer: replied 1 year ago.
My brother lives in the UK (Lincolnshire) and I live in Switzerland.
Expert:  Harris replied 1 year ago.
Thank you for confirming. As he will be pursuing the divorce in England, English law will apply. As long as the property is registered in joint names with you, his wife will only be entitled to make a claim against his share of the property that you own jointly.Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating.
Customer: replied 1 year ago.
Does this mean my brother's wife will "definitely" have the claim on his half of the property (as a matter of course) or is this subject to other factors and can possibly be avoided?
Expert:  Harris replied 1 year ago.
She has a right to make a claim and if they start negotiating a financial settlement as part of the divorce he will need to disclose this asset and his interest and it will be taken into consideration as part of negotiations and a settlement.
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
OK thank you.