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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23767
Experience:  Senior Partner at Berkson Wallace
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My husband and I have been married for 6 years and have a

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Hello, my husband and I have been married for 6 years and have a daughter together. We are now cash buying a property valued at £550,000. This is our only family home.
The funds for buying a house are mainly divided into 3 parts:
My husband’s personal bank deposit: £136880
My husband’s Director Loan: £267,120. Transfer to his personal account, not our joint account.
My gift to him: £ 151,000
My husband wants to register only his name on the deed. His reason for that is he is the only person that liable for the Director loan. I do not share half of the liability by law.
My questions are: 1. If we divorce in the near future, and the house is only registered under his name, Am I entitled to half of the house? What is my right to the house?
2. Can I apply for matrimonial home rights without his permission after we buy the house to protect me from homeless?
3. We are now married. In such a situation, is it necessary to sign an A post marriage agreement? I just want to make it clear that in the event of divorce, we will be able to split the assets and debt by 50/50.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Hi, we are still married, and no planning for a divorce. I doing this to protect my right, In case the marriage did not work out in the future. We are living in Surrey, the house we are buying is in Oxford.
JA: Have you talked to a lawyer about this yet?
Customer: No, not yet. This is the first time
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We both own a company each, which has profit in it.
Customer: replied 20 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 20 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Are you going to be joint or tenants in common?

and there is no mortgage at all?

Customer: replied 20 days ago.
The house will be in his name only, and there is no mortgage.

Your husband’s reason for registering it in his name only doesn’t make sense.  He would be liable for the loan to the company but having your name on the property does not make you liable to the company.

Nonetheless, your financial interest is the same whether it’s in your name, his name or joint names.

What you do need to do is stop him selling it or remortgaging it from underneath you.

A non-owning spouse needs to immediately register a Matrimonial Home Right Notice against the property.

It will stop the other spouse spouse selling or remortgaging the property.

The form to send to the land registry is here:

https://www.gov.uk/government/publications/notice-of-home-rights-registration-hr1

the owning spouse spouse will get notice of the application but cannot do anything about it if this is the matrimonial home.

The application is free.

It is the matrimonial home and it doesn’t matter whether it’s in one sole name or the other sole name or joint names,  each spouse has the same financial interest in it.

The name on the deeds is irrelevant if the couple are married.  It may not necessarily be 50-50 because that depends on a whole variety of different facts such is the needs of the parties, the length of the marriage, needs of children et cetera.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 19 days ago.
Hi Stuart,
Thank you for your quick and clear respond. English is my second language, I appreciated that you have explained it in plain English for me to understand clearly.
Sorry I could not reply yesterday as I was taking my daughter to see the GP.
There is one more information I need to explain to you. My husband is taking a director loan from his company (let’s call it company A) to purchase this house. He is also employing by another company (Company B), He has salary from this company every month. I used to be the director of company B back in few years ago. I step down in 2019 due to family reasons. The reason he did not want my name to be on the deed is because he worried when he goes to remortgage the house, the bank won’t give him a loan because they can see I was the director of company B.
2. “Matrimonial Home”— how should I prove that I living in the property? For example, council tax, water electricity bill? Just so I can start to prepare the evidence.
3. If he sells it or remortgaging it from underneath me, will I still entitled to the profit when we get divorced?
4. will a post marriage agreement necessary for me? From your reply above, I don’t think is necessary. But I would just like to check with you again.Regard

I am glad to help and thank you for your kind comments.

Please don’t worry about the delay in replying.  Sometimes, life gets in the way.

I still can’t see a reason why your name should not be on the property.

How do you prove that you are living in the property?  Driving licence, utility bill, council tax bill, electoral roll, letter from the Inland Revenue with your tax code, bank statement with a dress?  Credit card statement with the address?

If he sells the property from underneath you to try to put any finances beyond reach, you would be entitled to bring all of that conduct into the financial equation.

If the property is in his name only that’s why you need to register the matrimonial home right notice.

If he will sign a post nuptial agreement and take legal advice on the effect of it, so much the better.

Customer: replied 18 days ago.
If he sells the property from underneath you to try to put any finances beyond reach, you would be entitled to bring all of that conduct into the financial equation.-- Sorry I do not understand this. Could you please explain this again? He said, If my name is ***** ***** the deed, the bank won’t know my name, so they won’t know I used be the director of the company he is working in. To be honest, I don’t know how it works.
Customer: replied 18 days ago.
He agrees to sign a postnuptial agreement. But depends on what goes into it. He is happy to split all of our assets by 50-50 if we ever get divorce.

Let’s say for arguments sake that he has some expensive asset and he doesn’t want you to get your hands on it as part of the divorce settlement so he sold it to his brother for 1 pound.

You can bring all that into the financial equation and ask for something else from the other assets of the marriage in lieu of what he has in effect given away.

The same would happen if he sold the house although he be sold the house, you would obviously have the cash and it’s better to have a claim over cash than bricks and mortar which isn’t liquid.

I still can’t see a reason to not have you won the deed.

If he is agreeing 50-50 now if you get divorced, I would get that into a Post Nuptial Agreement because you can bet your bottom dollar that if you do get divorced, he will not be so accommodating.

If a person who is potentially being disadvantaged does not have solicitors, it is not sufficient for a person to be told to take legal advice but then declined, it is essential that they do actually take that advice.  The solicitor must provide a certificate (a letter) confirming that he provided the advice).  The certificate doesn’t say what the advice is, the advice is confidential but the certificate just confirms that the advice was given.

Customer: replied 18 days ago.
You can bring all that into the financial equation and ask for something else from the other assets of the marriage in lieu of what he has in effect given away.The same would happen if he sold the house although he be sold the house, you would obviously have the cash and it’s better to have a claim over cash than bricks and mortar which isn’t liquid.—- hi Stuart, I don’t understand this. Do you mean when we sign the post nuptial agreement, i should say if we are divorced, he will take the house, I will take the £555000 cash?
Customer: replied 18 days ago.
If a person who is potentially being disadvantaged does not have solicitors, it is not sufficient for a person to be told to take legal advice but then declined, it is essential that they do actually take that advice.  The solicitor must provide a certificate (a letter) confirming that he provided the advice).  The certificate doesn’t say what the advice is, the advice is confidential but the certificate just confirms that the advice was given.— I do not understand this part neither. Would you mind to explain that again?
Customer: replied 18 days ago.
How much would be charged to draw up an post nuptial agreement by you?

Let’s say the only asset in the marriage was the house worth half GBP1 million.

He sells it to his brother for 1 pound.

You could apply to court to set the transaction aside and make the brother transfer the property back so that it could be sold.

Let’s say the 2 assets in the marriage of a house are the house worth GBP1 million and GBP1 million in other assets Cash et cetera.

He sells the house to his brother for 1 pound.

You could have the million pounds in cash.  It would be for him to sort it out with his brother.

If you come to an agreement whether it’s a post nuptial agreement, deed of trust or whatever, it’s essential that the person on the receiving end of the agreement takes independent legal advice.

Because of the potential for losing not just thousands of pounds but tens of thousands of pounds, I would suggest that you did not DIY but use the high street solicitor.

I’m afraid that we are specifically not allowed to take instructions from here.

If the site were to be a source of potential clients, we would no longer be independent because we would have an interest in pursuing litigation.  With no interest in pursuing litigation, we can be really objective with our view is to whether something has a good chance or a limited chance of success.

In any event, for logistical reasons you would be better using a local solicitor .

Customer: replied 18 days ago.
at the end of day, let’s put it simple, because we are married, I am not in a very bad situation after all?

Yes that’s right.  And your financial interest is exactly the same regardless of what name the assets are in.

Customer: replied 18 days ago.
Thanks Stuart. That’s very insurance for me to know.
Customer: replied 18 days ago.
Do you think I should still get an post nuptial agreement then? I checked online, the court does not take the agreement into consideration much anyway? Like you say, it depends on how long the marriage, any children....

If you think there’s going to be a major dispute over finances in the event that you split up, and you have put disproportionate amounts in, then have an agreement.  It’s not absolutely binding but it’s persuasive as to what should happen when you get divorced.

Stuart J and other Law Specialists are ready to help you
Customer: replied 17 days ago.
Thank you Stuart. Much appreciated, have a nice weekend.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
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