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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2727
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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If you both own your own property before you meet and marry

Resolved Question:

If you both own your own property before you meet and marry . Can you retain them in your own name ? or dose everything automatically become joint ? and if you divource can you each keep the property you stared with ...if you make no cliams on the others?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified famil law solicitor.
Prior to getting married you should consider obtaining a pre-nuptial agreement to outline how assets will be dealt with during the marriage and in the event of a divorce.
Assets do not automatically become "joint" upon marriage, however parties will have certain rights as a result of the marriage, such as the right to occupy the family home, and a right to make a claim against assets upon divorce.
Pre-nuptial agreements are not 100% binding as the court (if an application is made for financial relief) has to consider all the facts of the case, length of marriage, contributions (financial and non-financial) made, the needs of any children and the needs of both parties upon divorce, however the pre-nuptial agreement will be taken into consideration as it sets out the intentions of the parties prior to the marriage.
Upon divorce, if both parties do not intend to make a claim against the other then they should agree for there to be a clean break order, which discharges all future claims against the other.
Harris and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
my husband moved in next door to me 11years ago ..I have been in my property since 1993...I divored in 2010 and retained the property since 2012 we become a couple... and married in may of this year.his property is an unfinished and hasnt been worked on since 2011..new build (the original property ,detached )had problems so he knocked it down and started again.he now wants too use the equity in my mortage free property, to clear £50.000 in credit cards and complete the build..and live in a caravan in the mean time with too adult sons and 3 dogs .. can he make me do this ?
Expert:  Harris replied 1 year ago.
Sorry are you referring to your ex-husband who is asking for this, or your current husband?
Customer: replied 1 year ago.
current husband...wanting to clear debts i did know he had untill after we were married ! thought nievly we would just complete the build in time and move in and sell mine ...had no idea .. sorry im rushing and must leave for work in a mo .
Expert:  Harris replied 1 year ago.
Thanks. No he cannot make you, or force you to contribute towards his debts or property development. His debts were accumulated before the marriage so were not for the benefit of you or your children, and the property development is your choice whether you wish to assist him with.
Customer: replied 1 year ago.
Thank you ..
Customer: replied 1 year ago.
Thank you so much for your help and prompt service...and for clarifying details for me. It has made the situation clearer for me now and I will be able to act in a more possitive manner.Thank you again for your help.
Expert:  Harris replied 1 year ago.
Thank you and good luck. Please do come back if you have any questions in the future. You can ask me directly here: http://www.justanswer.co.uk/law/expert-london-solicitor

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