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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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In divorce, does a partner have any right in the matrimonial

Customer Question

In divorce, does a partner have any right in the matrimonial home, when the property was purchased by one partner prior to marriage.
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Claire and I will do my best to help you.
Yes a spouse has the absolute right to live in the Matrimonial Home so long as they are married unless there is a court order stating otherwise.
In addition the spouse also has a financial claim on the property although how much that would amount to depends on a number of other factors
I hope that this is of assistance but please ask if you need further details
Customer: replied 4 years ago.

I am trying to understand the position prior to marriage. partner has own property free from mortgage. I have a property (that will become the matrimonial home) that has a mortgage (which I pay). Is it possible to agree prior to marriage that my partner has no financial claim on my property which is currently in negative equity, in return I will make no claim on her property held without mortgage.

Expert:  Clare replied 4 years ago.
If there is negative equity in your property why are you concerned - it is your intended spouse who should be concerned about her property which has value
If you are both clear about what the financial arrangements should be you can consider a Pre Nuptial Agreement - although you will both need separate legal advice for this
Customer: replied 4 years ago.

I have assets, but to loans associated to them mean there is little or no equity. My partner has a property that has equity (no loans). I am considering a pre nuptial agreement, to prevent any issues in the event of a breakdown, as we are both clear that seperate property should remain seperate

Expert:  Clare replied 4 years ago.
If you are both in agreement then that woudl be an excellent idea