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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2290
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been sole proprietor of my house since 2008, the

Customer Question

I have been sole proprietor of my house since 2008, the mortgage was paid off by me, the house willed to my 3 teenage children. In 2014 I met my husband we subsequently married this year, I would like to protect my property from his family and children, we have made enquiries and been given good advice.... But firstly it's very expensive and secondly my husband is willing to sign anything with agrees he has interest in my assets but he is not keen on the full financial disclosure due to his self employment....can we create our own agreement and would it be recognised legally? Belinda
Submitted: 6 months ago.
Category: Law
Customer: replied 6 months ago.
Sorry I meant my husband is happy to anything that indicates he has no claim on my assets!
Expert:  Harris replied 6 months ago.

Hi, thanks for your question. Please can you confirm if you are in England or Wales?

Customer: replied 6 months ago.
England
Customer: replied 6 months ago.
The house was previously owned by myself and my first husband from 1998- 2006, it was signed over to me as sole instead of child maintenance payments... I took over the mortgage and subsequently paid it off with a legacy left to me. So all expenses relating to the house from 1998 - 2014 are all in my name
Customer: replied 6 months ago.
Although the deeds are in my previous married name, should I try and change that?
Customer: replied 6 months ago.
I'm not sure how this works, have I had my quota of questions? And answer?
Customer: replied 6 months ago.
Please could someone attempt to answer my question! A poor return for £42! Won't be recommending
Customer: replied 6 months ago.
I would like to continue the conversation as you haven't even begun to answer my question! But I see the money has gone from my account already. Absolutely appalling site
Expert:  Harris replied 5 months ago.

Thank you for the information and apologies for the delay in responding to you. Given that you are now married you would be entitled to enter into a post-nuptial agreement which will deal with what happens to assets and finances in the event of a divorce. However, you should be aware that at this time under English law, post-nuptial agreements are not 100% binding as the court has the power to ignore them if the needs of either party are not met at the time of divorce.

Given that you have remarried, any will you had prior to the marriage will be invalid and therefore you should immediately review and update your will if this is the case.

In the circumstances, and despite the current cost from your local solicitors, it would be in your interest to pursue this as you will need detailed independent legal advice when preparing the post-nuptial agreement.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Harris, Law Specialist
Category: Law
Satisfied Customers: 2290
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 2 other Law Specialists are ready to help you
Customer: replied 5 months ago.
Thankyou that is good advice, but given what you have said re postnuptial agreement how do I protect my house and make sure it remains mine and subsequently my children's?
Customer: replied 5 months ago.
Please can you attend to my last question, I need advice on how to protect my house if a post nip isn't recognised. I'm finding this site quite hard to use and understand... Why does it take so long to reply? And am I charged for each question?
Expert:  Harris replied 5 months ago.

Legally, as the house is in your sole name it is legally yours. However, arising out of the marriage he now has matrimonial home rights if it is being used as the matrimonial home. This will entitle him to occupy it and thereafter claim towards it if you divorce.

You will need to review and possible update your will so the property passes to your children. However, you should be aware that despite what it states in your will, if your husband cannot meet his financial or housing needs and there is no provision to support him if you pass away, he would be entitled to apply to court for reasonable financial provision.

Customer: replied 5 months ago.
Ok Thankyou, that's very helpful as a will change is much cheaper... Would his ex partner ( not wife) and related children ( minors) have a claim on the house please?
Expert:  Harris replied 5 months ago.

No, they will not be entitled to any property that you have. However, if you legally hold property with your husband (such as a joint property or assets) then they would be entitled to claim his share of it.

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