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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am thinking of marrying my partner.we have been together

Resolved Question:

I am thinking of marrying my partner.we have been together 17 years.my house is in my sole name.If we were to marry and subsequently divorce would he be entitles to half the property ? Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Please confirm if you are in England or Wales?
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
England
Expert:  Harris replied 1 year ago.
Thank you - sorry I cannot take a phone call at the moment.If you were to marry and you used the home as the matrimonial home, then your wife would have matrimonial home rights - which means she will be entitled to occupy the property until divorce. Furthermore, she will also be able to make a claim to the property, as well as the wider matrimonial assets if there are any. The court's starting point for division of assets and financial settlements alongside divorce are for a 50-50 split and then for this equal split to be departed from based on a number of factors, such as each of your needs, the needs of any children, length of marriage and contributions.In the circumstances, I would suggest that you consider entering into a pre-nuptial agreement. At this time, these are not 100% enforceable in English courts, however, they do hold weight when considered by the courts if the relevant rules are followed - such as full and frank financial disclosure, each of you obtaining independent legal advice, and making sure that there is provision for both your needs, and the needs of any children to be met in the event of a divorce.I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you