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Peter Collins
Peter Collins,
Category: Spain Law
Satisfied Customers: 5146
Experience:  Barrister at Self Employed
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I am the sole owner of a property in spain however I live in

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I am the sole owner of a property in spain however I live in the uk and I am now divorcing - can my husband claim half
JA: What steps have you taken? Have you filed any papers in family court?
Customer: the divorce is about to go to course but no papers filed yet
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: uk
JA: Anything else you want the Lawyer to know before I connect you?
Customer: that the property was bought with half my mothers money and was meant to be my inheritance upon her death.
Hello,

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!
Customer: replied 5 days ago.
Yes
Customer: replied 5 days ago.
Yes I’m ok to wait

 

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?

Customer: replied 5 days ago.
I have been married 14 years and purchased it 5 years ago ! Thanks
Customer: replied 5 days ago.
Can we communicate via text please

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?

Customer: replied 5 days ago.
I’d rather text please

Yes I have replied above - did you get the message?

Customer: replied 5 days ago.
Thank you. Would it make a difference if my mother actually paid half ( which she did) and her half is not to go to me until she passes?

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?

Customer: replied 5 days ago.
That’s really helpful ! Thank you! I also have a house from my first marriage that my current husband has only contributed to the upkeep for 4 years ( this is not the family home) I bought this in 1995 and paid a lump sum to my first husband to keep it! Would I be eligible to more than a 50 percent share of this given I had this before my marriage? Thank you

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.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

 

Peter Collins,
Category: Spain Law
Satisfied Customers: 5146
Experience: Barrister at Self Employed
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