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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1200
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I got marryed 1 year ago, I have a flat which I have had

Resolved Question:

hi, I got marryed 1 year ago, I have a flat which I have had before I got married, my wife has not paid anything to the flat, I have a mortage on the flat, to which it is rented out , and pays for it self, if I leave my wife will I lose my flat
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- how long were you together before you got married?

- do you have any children?

- what is the value of the house? what is the outstanding mortgage?

- are there any other assets?

Kind Regards

Caroline

Customer: replied 1 year ago.
hi, we got married in first year we meet, may be 8 mounths before , we have had 1 child which she is 1 in sept and one more baby comeing in few weeks, my flat is worth 140, I own 80 on it, I used all my money to buy it 7 years before we meet, she has never lived in the flat or pay money in, she has no assets or me, we rent a house
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Thank you for your response.

What you need to know is that – should you divorce then either of you are entitled to make a claim in respect of the matrimonial finances. This includes your property.

You marriage is only a short one which normally means that any such claim in respect of the matrimonial finances is usually limited – but you do have children together and the court will want to prioritise the housing needs of your children.

You will not lose your flat but your wife will be entitled to a share of it and this share will reflect the housing needs for your children.

Let me know if I can help you further

Kind Regards

Caroline

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Customer: replied 1 year ago.
thanks, ***** ***** it now, will the court want my money for her ie half
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

It depends whether divorce is contemplated or not.

If the house was sold and the money spent over time - then the court cant seek money that isn't there.

If you put the money in another asset - it would still be included.

If the court thought you was purposefully selling the house to get rid of the asset then they wouldn't look on this favourably - as they would think you have done this to defeats your wifes claim.

Kind Regards

Caroline

Customer: replied 1 year ago.
hi thanks for that, I only brought the flat, to be next to my son and some were for us to go, down where his mams lives, , will me having a young son 7 help my matter to keep all my flat
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

It will be a consideration of the court. Especially if your 7 year old stops over at your house aswell - as his housing needs will also need to be met.

Kind Regards

Caroline

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