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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother owns a second home which she has rented out

Resolved Question:

Hello. My mother owns a second home which she has rented out but is considering selling. Before she sells she has asked me if, rather than her sell it, whether I would like to take it on and manage it, with any rental money coming to me.
The only problem is that I'm married, though not happily, and if I were to divorce, surely the house would go into the 'pot' of money to be divided? Is there any legal agreement he and I could sign so that in the event of divorce, it could be taken into consideration that he has previously agreed he would not try and claim it? We don't own our own home together, we rent, but he owns a house in a different part of the country which he bought before the marriage. Am I right in thinking that wouldn't count as part of the pot because it was an asset acquired before the marriage, or would it be taken into consideration (ie we each own a property)? He gets an income from it of about 350 a month.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you and your spouse lived together?
Clare
Customer: replied 1 year ago.
Hi Clare,
Complicated one. We first moved in together in May 2009 but then moved apart in March 2011 (I had to relocate full time for work). We moved back in together in May 2013 and married in September 2013.
Expert:  Clare replied 1 year ago.
Hi
Given the length of your relationship all assets you each have would be taken into account n the event of a divorce - including the property that he owns.
However if you wish to protect the property your mother is giving you then you need to have a "POST nuptial" agreement drawn up and signed by you both.
These are much more secure than pre nuptial agreements provided there has been full disclosure and advice taken.
I hope that this is if assistance - please ask if you need further details
Clare
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