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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 17569
Experience:  I have been practising for 30 years.
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My husband is divorcing me and I have a property that was

Customer Question

My husband is divorcing me and I have a property that was mine before we were together we never lived in it together so am I right I saying he has no claim on it
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I have no idea, there are no children and I left the house 2 wks ago, with police help I was in a coercive controlled marriage, and after 2 wks he gas emailed saying he has started divorce proceedings
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: Portsmouth
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you
Submitted: 16 days ago.
Category: Law
Expert:  F E Smith replied 16 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

for background -

how long were you together and married in total?

is the property you left mortgaged? if so in who's name and who pays?

and you also wish to get divorced citing his coersive controlling behaviour?

Customer: replied 16 days ago.
We were married for 10 yrs and together for 14, the property that I own is in my name only with a mortgage which I pay for, he has a property which he rents which is where we lived the whole time we were together, he has had nothing to do with my other property. And we never lived in it together. I do want to divorce him but am in no hurry as I am getting professional support to try and process what I have been through with him, the police say thry have enough to prosecute for coercive control if I wish, but I'm not ready yet. Its him that wants to proceed with divorce proceedings, I just want to make sure he has no claim to my property as I will need to go back there to live at some point in the future.
Expert:  F E Smith replied 16 days ago.

This would be classed as a 14 year relationship.

The fact that the property may be in your name only makes no difference. The financial settlements going to be exactly the same in the event of divorce regardless of whose name is ***** *****

I’m sorry to say that after 14 years it’s highly likely that this property has become marital assets and whilst he has certainly got a claim and a large chunk of the marital home (probably 50% with no children) he will have a substantial claim and the other property even though you had it before you got married.

Whilst the old wedding vow, “with all my worldly goods I thee endow” doesn’t always work in law, it sometimes can and you are going to be partway there.

By the same token of course you have the same interest in the property that he rents so you could probably offset one against the other.

I am glad to help.

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Thank you.

Best wishes.

FES