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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7434
Experience:  BA (Hons), PgDip, Practising Solicitor
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i own a property outright i am considerig getting married to

Resolved Question:

i own a property outright i am considerig getting married to someone who is essentially without any assets - if i were to marry her and then we ended up divorcing would she have a claim against my house ?
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.


Thanks for your question.


It depends on how long you are married for but once you have been married for a considerable time there is a presumption that each party is entitled to 50% of the matrimonial assets - this includes all of each others assets/liabilities (and would include your house. THis can be rebutted if one party is to have residence of the children of the marriage, or one requires more income for health reasons or if there is a big disparity in earning capacity.


If the marriage is short with no pre-marriage relationship period and there are no children then there is a general rule that the parties can leave the marriage with what they came in with unless one party made sacrifices upon marrying.


The length of your prior relationship/cohabitation with your spouse may also be counted as part of the length of the marriage.

You can execute pre-nuptual agreement and the courts have attached more weight to them in considering a fair financial settlement but ultimately the only sure fire way of protecting your own assets is not to get married.


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