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MARCUS Malin
MARCUS Malin,
Category: Family Law
Satisfied Customers: 2025
Experience:  Consultant Solicitor at Setfords
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My Ethiopian Wife (no leave to remain visa) of 6 years is

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My Ethiopian Wife (no leave to remain visa) of 6 years is trying to force me to sell my house she filed a home rights notice, can I put the house into trust for the children’s so She can’t force me to sell? I owned this outright before we got married

Hello, my name is Marcus.

Sadly as you are married the court would consider it the Family Home upon which she would have a claim.

You can put it in trust but the court can set aside any such transaction if they believe it was done to defeat a claim. Also the MHRN may also make such a transaction difficult.

How old are the children and with whom do they live.

Thank you.

Customer: replied 9 days ago.
is there anyway i can save my house
Customer: replied 9 days ago.
they are currently in a safe house and they are 3 and 5

With whom do they live you or mother. You mention a safe house is that with mother.

If the children are in the care of mother then sadly there is nothing you can do to prevent mother making a claim against it.

The reason is solely down to being married and as such it is considered a marital property. Had there been no children then your initial contribution would have been recognised but on the circumstances as there are children assets are divided according to need regardless.

I am sorry that this is not what you want to hear.

Thank you.

Marcus

Customer: replied 9 days ago.
Hi Marcus, My only hope is that we married under Ethiopian Law so I cant see why we cant get divorced under Ethiopian Law which means she's not entitled to my house.

Do you have a marriage certificate or was the marriage just a ceremony.

If it was recognised as a marriage rather than just a ceremony in Ethiopia then it would be considered as a valid marriage in the UK.

 

Customer: replied 9 days ago.
Hi i have a marriage certificate although it was only a ceremony

Honesty I do not want to be seen as being difficult I just want to provide robust and realistic advice.

Why do you have a marriage certificate if it was only a ceremony.

Whilst you were together did you ever complete forms etc in the course of general life where you referred to being married?

So in day to day life did you ever refer to being married?

Customer: replied 9 days ago.
Hi, it was like a registry office...I paid all the bills she didnt have any bills in her name. her bank account had my surname although her passport name was her maiden name. I did this to give her some ID and also she was a director of my company before we closed it.

Are you able to attach a copy of the marriage certificate.

 

Customer: replied 9 days ago.
e took it before she left ive had to file a D11 with the divorce petition

You have issued a divorce petition.

Just to clarify is your position that you are married and thus sadly accept that the house is marital or that you are not married it was just an unofficial ceremony and as a consequence she has no claim on the house.

Customer: replied 9 days ago.
She is here on a spouse visa so I assume I’m legally married

Sadly that means that it is not possible to protect you house from a claim.

As I say I am sorry I cannot give you the answer you would have liked.

Thank you.

MARCUS Malin and 4 other Family Law Specialists are ready to help you
Customer: replied 9 days ago.
Thanks