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MARCUS Malin
MARCUS Malin,
Category: Family Law
Satisfied Customers: 150
Experience:  Consultant Solicitor at Setfords
66642005
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Im married in a islamic ceremony and not got English

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hi Im married in a islamic ceremony and not got English marriage for around 11 months,
At the moment my marriage is going through a tough time and my wife is 9 weeks pregnant, I own a property on my name the I live there with my parents and disabled brother iv been living in this house for around 11 years around 20 months ago my siblings transferred the house onto my name so iv been paying the remaining mortgage off, my wife has not contributed anything towards it can she take ownership if decide to divorce her

Hello, my name is*****

Has your Islamic marriage been registered?

Thank you.

Marcus

Customer: replied 2 months ago.
No not legally
Customer: replied 2 months ago.
No its not considered legally married

Hello,

As you have only had a Islamic marriage it is not recognised by the UK Family Courts.

Therefore any financial claim would have to be a co-habitee under the Trust of Land of Appointment of Trustees Act.

A non owning party can make a claim on a property but is very hard indeed to do so especially as there has been a lack of financial contribution. On the outline of your matter it would be doubtful at best that she would have any claim.

Alternatively when the child is born technically she could make a claim under the Children Act. However once again such a claim is very unusual unless the father is of as some wealth i.e sufficient wealth to purchase a house for mother and child to live in until the child is 18 when the house reverts back to father.

Finally, if you get legally married the above changes drastically. A mother with a child would have a financial claim based on her 'needs' regardsless of contribution.

Thank you.

Marcus.

Customer: replied 2 months ago.
Thank you that is really helpful

Hello,

I do hope it all goes well for you.

Your feedback would be appreciated.

Thank you

Marcus

MARCUS Malin and 2 other Family Law Specialists are ready to help you