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Hello, my name is Peter and I’ll do my best to assist you today.
Please bear in mind as this is an email service and not live chat I may not respond immediately.
How long have you been married please and when did you purchase the property in Spain?
No problem. It's not great news though, and I'm sorry about this.
If you are married, and you acquire assets during marriage, these are considered as joint assets.
This is regardless of whose name a certain asset is in - so property, pensions, savings, inheritance - it all comes in to play.
Assets acquired post separation but before divorce can sometimes be excluded, as long as it is fair to do so. But otherwise, the total asset pot is considered as a joint asset pot.
I'm sorry, I truly am. Can I clarify anything for you though at this stage?
Yes I have replied above - did you get the message?
Yes, the difference would be that his interest in this property is really only a 1/4 share - as you only own half.
So this needs to put into the bigger picture and offset against other assets in order that your investment is protected, in my view. It may be that you have to negotiate a smaller share in pensions or savings to retain this as your asset, for example.
Can I assist further?
My pleasure. The asset that was acquired prior to the marriage should be excluded from a joint settlement, particularly if this is not the family home. The only justification for including it would be based on 'need' - but if there are other assets that can meet his needs then there's no good reason to include it.
I hope this helps?
If you have further questions, you can always come back to me.
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