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History: Home UK Divorce Forum
Topic:
Premaritial assets: Property UK law (6 Posts)
Started By:
Date:
04 January, 2017 08:52PM
Premaritial assets: Property UK law
ace19887 - 04 January, 2017 08:52PM
Hi

I want to understand what the legal implications could be of properties that I have bought prior to my marriage (I am yet to get married).

The properties are not mortgage free and are held "joint tenants" with my brothers.

What are the implications on this setup if I was to get divorced? Is it just a case of ensuring that I can clearly demontrate that my partner didnt contribute towards the property mortage?

Or should i get a prenup- and does this add value?

Any thoughts would be appreciated, many thanks.

Ataur
Re: Premaritial assets: Property UK law
kefell - 05 January, 2017 07:46AM
If it is a case of you wanting to protect the assets you take in then the answer is not to get married.

If you split after a short marriage (and that include the number of years you have lived together before marriage) then it is most likely that you would take out what you went in with (if no children involved).

If married for a while then the courts would decide it any settlement made was fair to both parties and, if children involved, their welfare would come first. It would not matter if you had a prenup or not, the court could totally ignore it if is was unfair to either party.
That would go for any property, etc, pensions and current and future earning capacity.



Edited 1 time(s). Last edit at 05/01/2017 07:52AM by kefell.
Re: Premaritial assets: Property UK law
ace19887 - 06 January, 2017 09:35PM
Thanks for the response.

I guess the question is if i only own a 1/3 of the property the rest of which is owned by my brothers then my partner can only claim for max 50% of my share? If for any claim can she force a sale in order to get cash out?

I don't want to put my brothers in a position where they are forced to sell

Thanks

Ataur



Edited 2 time(s). Last edit at 06/01/2017 09:56PM by ace19887.
Re: Premaritial assets: Property UK law
Andyk - 06 January, 2017 10:47PM
She can't claim what you don't own, so it would be your 3rd that would be up for grabs, whether she would get 50% or more depends on everything else.

No point in entering into a marriage, which is a pertnership, with that attitude about what she will get if you divorce, just dont marry and have children with her then you get to keep what is yours.
Re: Premaritial assets: Property UK law
ace19887 - 06 January, 2017 10:53PM
Thanks for the response.
But I think you're wrong, it's prudent to plan for these things. You never know what could happen until the worst happens.

Ataur
Re: Premaritial assets: Property UK law
Andyk - 07 January, 2017 05:31AM
You can plan all you like but if you have been married for more than 5 years or have a child with your wife all, that planning could be wiped away by a judge, they can ignore a Pre Nup if they wish.
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