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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35059
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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Hi I bought a flat under me and my mothers name a few years

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Hi I bought a flat under me and my mother's name a few years ago before I got married, my now husband has never lived there. I wonder if anything happen eg a divorce or if I decide to sell the flat, would my husband have any claims against it purely because he is my husband even if his name is ***** ***** the property and he did not contribute anything to the flat? Also the fact that we both live in the uk does it mean uk law applies under all circumstances regardless of where we got married and our nationalities? ( we are both EU though). Thanks
Thank you for your question.
My name is ***** ***** I will do my best to help you
If the divorce occurs in the Uk then it is Uk law that will govern how the assets are divided.
Under Uk law your interest in the flat does form part of the matrimonial assets - and the court has the power to re-distribute the assets in any way that the Judge considers fair.
You can sell the flat whilst you are married without any problem.
Within a divorce the court MAY consider the asset - but only if there are insufficient other assets to meet the reasonable needs of your husband - and ONLY if the marriage has lasted for more than a few years
Please ask if you need further details
Customer: replied 3 years ago.

Thanks Clare, ok so I can sell the flat while I am married without having to get my husband to agree or sign any of the paper work at all? As if he doesnt even need to know?

Only in the case of a divorce there might be a chance that I have to share it if he cannot support his living on his own?


Yes you can sell the property - unless he has registered a restriction on it - in which case you can apply to have it lifted.
You will have to account for the monies received within any subsequent divorce proceedings
Customer: replied 3 years ago.

Thanks Clare, and if i decide to rent out the flat does it work if i put my mother's name on all the agreements including tenancy agreements so she will collect the rent in her uk account (even though we co-own)? she wil get a solicitor to write a letter for me to instruct on her behalf as she lives overseas.


Both names should be on the agreement
Customer: replied 3 years ago.


the problem is that she lives overseas so i would need to sign agreements on her behalf, i assume she can get a solicitor to write a letter to agree that i can instruct on her behalf?

and she will be the one collecting the rent and paying the mortgage out of her account, hence i am not sure whether my name should be on the agreement?


If you both own the property then you should both be named on the Tenancy Agreement
Certainly you can get a letter stating that she authorises you to deal with matters
Clare and other Family Law Specialists are ready to help you
Since you are both owners you both need to be named on the Tenancy - but yes you can get a letter authorising you to sign the papers