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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I own a property which was left to me in 2011. i have lived

Resolved Question:

I own a property which was left to me in 2011. i have lived in it since 2001 it is my family home. After being widowed i married again in December 2012. my present husband wants a divorce and is claiming the property.He has not paid any bills for the services, I have. will he get my property as i agreed to marry him?
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
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Expert:  Nicola-mod replied 1 year ago.
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Customer: replied 1 year ago.

i can wait for the answer. what else would you need to know.

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you. No further information is needed at this time.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
Relist: No answer yet.
I don't think there is any answer as to whether i will be able to keep my home, even though it was paid for and owned by me before the marriage. i will have to wait for uk justice if that exists.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question and patience.
I am a Family Solicitor and will assist you.
It is correct that if you and your husband divorce that your husband can make a claim in respect of the matrimonial finances. The matrimonial finances includes all of your assets and liabilities for both of you. This does include your property and will also includes any assets that your husband has including pensions.
The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs, future care of children etc.
The Court will also consider the length of your marriage as a factor. Marriages under 5 years tend to be considered as short.
You should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim. A Solicitor can help you draft the Consent Order to protect your position for the future.
Please do ask if I can clarify anything for you.
Kind Regards
Caroline
Positive feedback is gratefully received.
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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