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MARCUS Malin
MARCUS Malin,
Category: Family Law
Satisfied Customers: 1717
Experience:  Consultant Solicitor at Setfords
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I need an advice ASAP about family matters. I will explain

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Hi,I need an advice ASAP about family matters.
I will explain the situation:1. I bought the house in 2016 100% mine and with a mortgage.
2. In February 2018 I did a remortgage with my fiancé 60/40 in my favour.
3. In June 2018 we got married.
4. Now due to some family financial problems I would like to get the right on the house back at 100% mine in case of any divorce. Is it possible to make a contract where my husband declares that he will leave the house to me in case of any divorce?
5. Is it possible to gift me his 40% back so I can keep it in case of any separation?
6. What the best move to do in order to be sure that I can keep the house mine in case of a divorce?
7. In case I would have done nothing and I would have get married with the house 100% just mine, in case of a divorce he would have have 50% of the house as I been told before?
8. We do not have kids.
9. The house is in mortgage and we live in the house.I hope to hear from you soon.
Alexandra

Hello, thank you for the question.

Your husband now has a legal ownership of the house and you own it in shares. If he were to agree to leave his share to you should you divorce, there should be a separation agreement drawn up to this effect. Once divorce proceedings are commenced, you can ask the court to agree to a consent order which reflect the terms in the separation agreement. The shares of the house mean there is a mortgage and I presume you are both liable for the mortgage payments. You can take him off the mortgage although the mortgage would need to be paid back (redeemed) to do so.

As there are no children, the house would be split between you both but if your husband agrees to it, you can have it on a 100% basis although as I say, the mortgage company still retains their interest in the property and it would need to be discharged.

I hope this helps to answer the question - if you can accept the answer and give me a star rating, I can offer unlimited follow up Q&A's at no extra charge

Kind regards,

Jim

Customer: replied 1 year ago.
Thanks for the above.
Very clear.In case I would have get married with 100% just mine. In case of a divorce he could have ask for 50% due to the fact the we live in the house and we pay both 50% everything?

As soon as you are married, the court looks at all assets in one "pot" including the matrimonial home. Your husband would have fewer rights not being married to you. Once married, he can ask for 50% yes and any other assets you might have. Same for you - if he has assets you can claim a share of those too

Customer: replied 1 year ago.
Even if the marriage would have been considered a short marriage he could have still asked for 50%?
being married means just that, except for a short marriage there wouldn’t be much with financial contributions so that would be taken in to account by the court
Customer: replied 1 year ago.
Forgive me but I don’t follow.
If the marriege would have been considered a short marriage then he could have still ask for 50%?
You said yes and by the end of the sms you mentioned that he couldn’t if the marriage it’s short so I m lost.
Could you be more specific please?
getting married means you are classed as one and not two individuals - by law it gives each spouse rights and the court views all assets together - it means your husband could have more rights if you do get married. I simply said that the court also takes in to account financial contributions so the longer you are married the more contributions might be made eg mortgage payments but in a short marriage there wouldn’t be as many contributions. Does this help?
Customer: replied 1 year ago.
in a short marriage he could not ask for 50% of the house that I own myself 100% even if she pays the mortgage and bills same as I pay ? Or he still can? Or he could ask for lower %?
No, as soon as you are married, he can argue for 50% even if you own it 100%. By being married, he is entitled to ask for a share as you are a married couple (even in a short marriage). This is why couples need to seriously think before they get married. It depends on whether he is willing to give it to you or if he wants a share of you ever divorced - depends on his financial needs when or if you get divorced
Customer: replied 1 year ago.
Ok. I got it. He could have claim 50% whether there is long or short marriage.But now we both own the house on a 60/40. In case of a divorce (whether long or short marriage) can we maintain the shares or we can still go 50/50?

Hi there, yes, he could claim 50% regardless of the length of the marriage

if you divorce, he can ask whatever percentage he wants (if for example you have many more assets than he does, he may want to ask for more to help him financially).

Customer: replied 1 year ago.
Really? Wow. I didn’t know that.
I thought if it’s short marriage he can’t claim 50%. Online most of articles says he can’t. Thanks for letting me know.If We get a baby and later after that we divorce.
Will the mum and the baby stay in the house?

No, the law says the assets go in to one pot and it depends what the court thinks is fair given both your financial circumstances

If you have a child then yes the court will not order the house is sold and you could stay in the house until baby reaches age of 18 after which (if there is a share of equity in the house)

Customer: replied 1 year ago.
Ok all clear except the short marriage option.I m still confuse if he has the right to claim 50% in a short marriage.
If the financial contributions are just few due to short marriage then he cannot claim 50%. That’s what I think. Since the house it’s mine 100% and before 5 years or marriage we divorce I thought he can’t claim 50% but much less.

So you are saying that as soon as someone gets married, one party cannot possibly claim more than 50% of the other's share of the house?

Customer: replied 1 year ago.
that’s what I understood that if one partner owns 100% of the house the other partner cannot claim 50% of the house in a short marriage (less than 5 years). That’s what I understood from various sources.
Customer: replied 1 year ago.
Do you have many experiences in family matters?

Here is some guidance (and I will opt out so you can ask for another opinion):

https://www.jmw.co.uk/services-for-you/family-law/articles/age-and-length-of-marriage-divorce

Customer: replied 1 year ago.
Thanks for the link but they use too technical way of expressing the point and it’s confusing.Could you tell me in few short way please? That would be helpful
Many thanks

Hello, my name is*****

I see that the previous expert opted out. I will try and help you

Firstly do not get bogged down on the ownership and % presently attributed to the house.

Following the breakdown of a marriage if you cannot agree then the court can determine how the assets are divided. Therefore my guidance is based on the principles applied by the court.

As it was a short marriage the court would provide you with your contribution i.e the value of your contribution with the iniitai purchase of the property. Any equity that has accrued during the marriage would be divided equally as this element would be considered 'marital'.

The court are not bound by your respective % of legal ownership and can and often do depart from them.

So you need to identity what is marital and non marital equity. Non marital is your financial contribution and the equity at the date of marriage - possibly the other party could argue date of re mortgage - marital equity is the equity that has accrued since the remortgage. The othe other parties interest would be 50% of the marital equity only.

Hope this helps.

Marcus.

Customer: replied 1 year ago.
Hi Marcus,
Thanks for helpingSo to make it with numbers.
I put a deposit for the house 35,000 and the equity of the house at the moment of the remortgage was 340-310=50k so for the court those 50k belongs entirely to me?After that the remaining amount of the house goes 50/50?
So let’s say the house worth 350-the mortgage outstanding 300 - 50 my equity = 0 to be splitDid I understand correctly?
Customer: replied 1 year ago.
When we remortgage from my equity of 50k the bank gave us 35k. That means my outstanding equity it’s 15k on the house at today which will be only mine. That’s right?If he benefited of those 35k at 50/50 that means he own me 17k. That’s right?

Hello,

What did you do with the £35k from the re- mortgage.

Thank you.

Marcus.

Customer: replied 1 year ago.
We paid our credit cards.
He paid a loan to his brother.
We paid the wedding expenses.

Hello,

You are right in that he technically owes you. However in reality the court are most unlikely to order him to pay you a lump sum unless you can prove he has the means to do so.

It will just be a case of him not getting anything else. He should just transfer the house back into your sole name.

On that point would you be able to take over the existing mortgage and secure his release? If you cannot do so straight away would are most likely to be given time to do so.

Thank you.

Marcus.

Customer: replied 1 year ago.
I can get the mortgage on my name. I can make it with my salary or I can find ways in some time.Even if we got the lump of 35k with the remortgage he can still technically own me?
He cannot say that he own that money himself because of the remortgage?We remortgage with 11 February and we got the money on 12 February but we got that lump of money because of my equity build over the past years.How that can be viewed?

Hello,

If you had not remortgaged then you would have preserved you £50k contribution.

However as you introduced the £35k into the marriage i.e spent majority on marital purposes it does complicates matters a little.

Technically yes you could argue he owes your £17.5k however in honesty it is unlikely the court would order him to reimburse you. The court would only consider doing so if he had the funds available to do so.

The most likely outcome is 'drop hands' being you get the house transferred back to you and he has already had more than his fair share.

Thank you.

Marcus.

Customer: replied 1 year ago.
Thank you so much for everything
Very helpful

You are most welcome.

MARCUS Malin,
Category: Family Law
Satisfied Customers: 1717
Experience: Consultant Solicitor at Setfords
MARCUS Malin and other Family Law Specialists are ready to help you

Hello,

I would be most grateful if you could kindly rate my answer.

Thank you.

Marcus.

Customer: replied 1 year ago.
I would but I don’t know how. Is there a link?

Hello, thank you.

If you have any questions in the future please do ask.

Thank you.

Marcus