Our apartment is held in my husband's name. I am a foreigner. Do I have legal rights?
Yes you do, Under the family home protection Act 1976 as the property is your family home. Your husband can not sell or mortgage the property without your consent. In the event that you separate or divorce, it is a matter that will come before the courts where a Property adjustment order can be made requiring part of the property or proceeds of property be transferred to you
Thank you very much for the answer. Does it mean I own 50% of the property when we separate or divorce even my husband will leave a different will?
No not necessarily it will depend on the circumstances of the marriage and separation. If he bought it himself it is unlikely the court would grant you a 50% interest. If you separate or divorce you forgo your entitlements under the succession act so his will would not be of any significance to you
Then you would be the legal owner and not him but it would still remain a marital asset
I mean both of our name. ( Does it call joint name?) . then I will own 50% of the property, right? The reason I ask about this cause he have child with other woman, but we don't have any child.
You will be a joint owner meaning that in the event of his death the property will pass to you by way of survivorship. Being a joint owner does not necessarily mean you own 1/2 the property. In the event of a divorce the court can divide up the property according to the circumstances.
Thank you for your patience!
What do you mean? About what?
what should I do to keep my 50% of the property
First of all you don't own 50% of the property. You legal own none of it. It is a matter for your a husband if he wish to transfer a 1/2 interest to you.In the event of a separation or divorce the courts may transfer a portion of it to you based on a pro-rata basis. That is the position. If you are considering a divorce it will be for the court to decide how much you are entitled to
B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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