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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1086
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I owned a property under my name only, will my husband entitle

Customer Question

I owned a property under my name only, will my husband entitle to part of it? I paid the property without morgage by myself after we married. Can we sign a agreement to protect my sole ownership of the property?
Submitted: 1 year ago.
Category: 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 have you been married?
- do you have children together? Are they still minors?
- what is the house value? Equity?
- what other assets do you and your husband have?
Kind Regards
Caroline
Customer: replied 1 year ago.
We are not planing to divorce, and he orally agree if one day we get a divorce he will give up the right of the property. I would like to know weather the agreement can be down legally in writhing and have legal binding.
To answer your question, we have married for 6 years and we have a 5 years old kid. The property value around 1m. And we have a car under his name.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
The best option for you is to have a Post Nuptial Agreement drawn up.
As you married your husband does have a right to make a claim in respect of the matrimonial finances should you divorce. The normal rule for division is 50/50.
Post Nuptial Agreements are an agreement between you as to how you would split your assets should you separate.
Whilst Family Court Judges are not technically bound to follow the terms of a Post Nuptial Agreement - more and more Judges are.
To make your agreement more likely to be followed by a Judge in the future you should follow these steps:
- exchange full and frank disclosure with your husband as to all of your assets and liabilities
- have an agreement professionally drawn up
- each obtain your own independent legal advice on the agreement.
Whilst this is not fool proof - it will certainly go a long way.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
Caroline
ukfamilysolicitor and other Law Specialists are ready to help you
Customer: replied 1 year ago.
So they is no guarantee, I see. Thank you very much.
Expert:  ukfamilysolicitor replied 1 year ago.
Yes - sorry to say but there really is no guarantee.
This is however the best option to record the parties intention and given that you follow the steps you have a better chance of a Judge approving the terms should the matter come before a court later.
Kind Regards
Caroline
please kindly remember to rate positively
Customer: replied 1 year ago.
Thank you for your help
Expert:  ukfamilysolicitor replied 1 year ago.
Your very welcome
Kindest Regards
Caroline