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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I own a property, in my name only via the Land Registry, on

Customer Question

I own a property, in my name only via the Land Registry, on a buy to let basis. I may transfer this via the Land Registry to my wife for tax reasons. We signed a pre-nuptial agreement as everything we own was paid for entirely by me. If we divorced and the property is in her name via the Land Registry for these tax reasons would she get this property due to this change?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

No, she would not automatically get this property in the event of your divorce.

The total marital assets would be considered and split fairly between the two of you according to what the judge thinks is fair, irrespective of whose name is ***** ***** unless you both agree to an amicable financial settlement which is made as a consent order sealed by the court.

May I help further?
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
Just to add to the above, by taking this action you are undermining the basis of the pre-nuptial agreement and it is unlikely that the Court would have any regard for it in the event of a divorce
If you both wish that agreement to have a chance of being successful you will need to enter into a Post Nuptial Agreement once the transfer has happened
Clare