How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 10416
Experience:  Senior Associate Solicitor
97337639
Type Your Family Law Question Here...
JimLawyer is online now

I am not sure if this is the right place to ask this

This answer was rated:

Hello, I am not sure if this is the right place to ask this question. I want to seek advice related to property matters after divorce.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No I haven't started any proceedings, just that there might be a chance that my husband will divorce me, and I have property in my name, I want to know what will happen to the property if I get a divorce.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I am based in London
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I will briefly write down my case here.
Customer: replied 6 months ago.
In 2015, my mum purchased a flat in London with her savings, she wrote my name in so that I could help her manage the property and also to avoid inheritance tax in the future, but we both agreed that the property belonged to her. In 2018, I got married to my husband. My mum does like him nor trust him, so she has asked me to transfer my share of the property back to her. My husband believes that I shouldn't do it because both he and i have an interest in the property. We had some intense discussions and he warned me that he might divorce me if I ever pass the property back. I just want to know the legal positions of my mum, my husband and I in relation to the property in case my husband divorces me one day.
Customer: replied 6 months ago.
Sorry I forgot to mention that we are joint tenants of the property.

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

How long did you live with him before you married? And any idea why he thinks he has an interest in that property? The property you talk about is not the matrimonial home is it?

Customer: replied 6 months ago.
Hi Jim, thanks for your prompt response. We lived together for around one year before we got married, but not in this flat. After we got married, my mum allows my husband and myself to stay in the flat for two years, we moved in since Mar 2019, so it has been 9 months that we are living in the flat. My husband believes that he has an interest because we are married and the property is partly under my name.

The fact you are married "may" mean he has an interest, but the court's may not award him anything given the short marriage. The marriage is classed as a short one as it is less than 5 years, so a split of assets is unlikely as opposed to a clean break. There are two orders available: a clean break order (if there are no assets to split) and a consent order.

The court will consider the factors contained within Section 25 of the Matrimonial Causes Act 1973 when it assesses a financial settlement. Therefore your ages, length of marriage, any children under 18, your earnings and earning potential (same for your husband), the assets including the former matrimonial home and pensions if applicable, any debts, financial and non-financial contributions to the marriage, your standard of living enjoyed before the marriage breakdown, your financial needs in future and your housing needs, and so on.

Whilst the property is unlikely to be split, the court can include it in a divorce. It depends on a number of factors and whether your husband is in a poor financial situation (compared to yourself). I think it unlikely the court would split the property though given the facts.

I hope this helps – if you can please give a positive rating by clicking 5 stars (at the top of your screen), I can answer any follow up questions at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

JimLawyer and other Family Law Specialists are ready to help you
Customer: replied 6 months ago.
Thanks for your reply, much appreciated.

My pleasure, thank you for the question and for using the site.

Have a nice evening

Jim