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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 24624
Experience:  Senior Partner at Berkson Wallace
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I sold my apartment in Russia (my mum gifted it to me) now I

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Hi! I sold my apartment in Russia (my mum gifted it to me) now I want to buy a house in the UK. But I am married. Should I devorce first or can we do a contract so the house will only belong to me and our children? Thank you
JA: Where are you? It matters because laws vary by location.
Customer: Nottingham
JA: What steps have you taken so far?
Customer: I'm waiting to receive the money in my English bank soon, but I don't want my husband anything to do with ot
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My husband has 3 children from previous relationship therefore I want house iny name only as money are from my parents.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

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

Please bear with me and 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.

Is your husband in UK as well?

and for background how long have you been together and married in total?

and you dont have any children with your husband?

Customer: replied 16 days ago.
Yes my husband is British and we both live in the UK. We have 2 children together 5 and 8 year old. My husband had 2 more children 17 and 19 who was born in not married relationship. We are renting council house and applied for a right to buy. But now we have conflict because if I pay for our house all 4 children will have to share it after our death. But I feel it is unfair as the money are from my parents and as I see it it should be only for our 2 children.
I would be very grateful for some advice from you as an expert . I am very confused at the moment and not sure which decision will be more reasonable.

It’s not as simple as getting divorced because if your husband knows that you have inherited this, then he is almost certainly going to want a chunk of it.  You are under a duty, as part of the financial process, if asked, to declare any assets that would include this.

On the other hand if your husband agrees there is nothing to stop you both entering into a Post Nuptial Agreement whereby he agrees that you keep the property in its entirety.

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.

So it would be essential that he takes independent legal advice

Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 24624
Experience: Senior Partner at Berkson Wallace
Stuart J and other Property Law Specialists are ready to help you