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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Dear Sirs Last year, I married my long-term fiance, in Penzance,

Resolved Question:

Dear Sirs
Last year, I married my long-term fiance, in Penzance, Cornwall. He is a British citizen, living in the UK. I am South African. I returned to South Africa to tie up loose ends and sell my poroprty, which I have owned since 1986, and is in my name. It is a premarital asset. My husband and I did not sign any kind of marriage contract in the UK. Could you please tell me if I have to get his consent to dispose of my property? This seems to be a stumbling block in South Africa: conveyancing lawyers have asked me to obtain permission from my husband because of my "foreign" marriage. As he has never lived in the property nor paid any sum towards it, I am feel that it is an unreasonable request/condition as I am pretty sure the UK law does not require husband's consent for me to dispose of my own property. Lawyers are asking me to get a letter from the British embassy to confirm this, before effecting payment & transfer to purchaser.
Please can you assist me in clarifying this?
You assistance in this regard would be greatly appreciated.
Yours sincerly
Joanne Wiehahn Smith ***@******.***
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** I shall do my best to help you.You are correct - there is no accept of "in or out of community property" in the Uk and if the house was in the Uk you would NOT be required to obtain your spouse's consent to dispose of the propertyThe only time a spouse can prevent the sale of a property owned by the other is if it is the Matrimonial Home and lived in as suchOf course in the event of a divorce your husband could make a claim on other assets - but in fact that is easier where they are cash assets and not property.How you will evidence that to the Conveyances in South Africa is harder to see BUT there are sufficient UK firms with a presence in South Africa that a simple letter should be obtainable setting out the position.Please ask if you need further details
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