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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1171
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have been married years and own a property in the UK since

Customer Question

Hi, I have been married for 5 years and own a property in the UK since we married but the property is my name only and husbands name not on the deeds. If we separate will the asset be divided into 2 legally or do I have all rights to the property? Thanks
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.

I can confirm that if either of you decided to divorce – then either of you could make a claim in respect of the matrimonial finances.

The matrimonial finances includes all the assets and liabilities of both of you – which includes the property that is in your sole name.

The normal starting point for division in respect of the matrimonial assets is equality. That being equally.

There are factors set out in the Matrimonial Causes Act which can lead to the departure of equality when deciding who gets what. These factors include the earning capacity of both of you for the future, future care of children, future health needs etc etc

It therefore does not prevent your husband from seeking a claim in respect of the property despite it being in your sole name.

Your husband could also lodge a Matrimonial Homes Right Notice with the Land Registry to protect his right of occupation until the issue if divorce and the matrimonial finances had been resolved.

Let me know if I can help you further.

Kind Regards

Caroline

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Customer: replied 1 year ago.
Many thanks, I have been advised by another solicitor that as his names not on the deeds he is not entitled to claim. Is this not correct then?
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Yes that is incorrect

As you are married - then your husband can make a claim in respect of the matrimonial finances upon divorce which would include the property.

I am sorry but what you have been told is wrong.

Kind Regards

Caroline

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Customer: replied 1 year ago.
Many thanks for the advice
Expert:  ukfamilysolicitor replied 1 year ago.

your very welcome