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my partner and her daughter have been living in my house which…

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my partner and her daughter...
my partner and her daughter have been living in my house which i solely own for the last six years.We are thinking of marrying.I also have other assets which I solely own.
I have loaned her 50,000 euros two years ago which she used to help her buy an investment buy to let flat.In the event of divorce,
1.Has she a claim on my assets.
2.would i be liable to pay her maintenance
Submitted: 8 years ago.Category: UK Family Law
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Answered in 15 hours by:
6/27/2010
Solicitor: Joanne B, Family Solicitor replied 8 years ago
Joanne B
Joanne B, Family Solicitor
Category: UK Family Law
Satisfied Customers: 418
Experience: Qualified 1999 with over 12 years experience in Family Law.
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Thank you for your question. Upon marrying you are considered to have pooled your assets. Anything that you own and anything that she owns would be a matrimonial assets and in the event of divorce in the future all these assets would be considered when deciding who gets what. If you divorced in the early years the court would try and put you back in the position that you would have been had you not married. However if you have children together the assets may well be divided in accordance with each of your needs ie housing and caring for the children would be a major factor in the court's decision when dividing the assets. If you divorced after you had been married 16 years then I would expect you to receive an equal settlement each regardless of who brought what into the marriage or who paid what. You would not be liable for child maintenance for a child that is not biologically yours (the only exception is an adopted child). You may be liable for spousal maintenance, if her income is less than yours, but this would also depend on how he assets are divided as to whether as such claim is offset. Regards Joanne
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Customer reply replied 8 years ago

i had been advised that all non marital property would not be devided in the event of divorce......is this correct?

 

Also as we are living in my house,in the event of a break up and or divorce,would i be entitled to expect my partner and her daughter to leave if i gave adequate notice ?

Solicitor: Joanne B, Family Solicitor replied 8 years ago
No that is not correct anything you own or anything she owns once you are married is matrimonial property. If it is a short marriage you can try and argue certain items should be ignored, but there is no guarantee you cannot marry and consider anything solely to be reserved to either of you. If you are worried you can get some advice about a pre nuptial agreement although these are not law in the UK some couples think it is better to have one than not have one. If you and your partner did not have any children you would stand a better chance of retaining the property than if you had a child together but you cannot guarantee the outcome because in the event of divorce the court can order a sale or transfer of the property to you or her if it sees fit. Regards Joanne
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Customer reply replied 8 years ago

thank you for your answer but i am somewhat confused.....in your first answer you stated that the courts in the event of divorce would try and put the parties back to the position they were in before marriage and that only after 16 years or so would the assets be devided equally.

In your second answer it appears that as soon as you marry the assets are all pooled together and that there is no guarantee how the assets would be split...even if it was a short marriage..

Can you please clarify ?

 

I do not appear to have received an answer to the second point ....that is "as we are living in my house ,in the event of break up and or divorce,could i expect my partner and her daughter to leave if i gave adequate notice "

 

Many thanks

Customer reply replied 8 years ago
see my comments above
Solicitor: Joanne B, Family Solicitor replied 8 years ago

You will find that in most cases your cohabitation will be added to any period of marriage if it is continuous, which may automatically put you in the medium term marriage area, if you ever divorce. What i meant was as soon as you are married it means that anything you own and anything she wons is subject to a potential claim form the other it doesn't necessarily mean that it will be successful. So in the case of a short marriage although she could make a claim against anything you had it doesn't mean that she would be successful as in the case of a short marriage the court would try and put you back in the position that you would have been had you not married, This would not be the case if you go and to have children together as you will find that the assets are likely to be split on a needs basis. It is very difficult to hypothesis and you can never guarantee the outcome, If you were to split you could not demand that your wife and her child leave the property as she would have matrimonial home rights and could reside at the property until there is a settlement requiring her to leave. Regards Joanne

Joanne B
Joanne B, Family Solicitor
Category: UK Family Law
Satisfied Customers: 418
Experience: Qualified 1999 with over 12 years experience in Family Law.
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Customer reply replied 6 years ago

My net assets are £1.2 million approx in the form of properties that i own mortgage free....if we are married say for 5 years and then divorce(,bearing in mind our co habitation since 2004 in what would be the marital home,)what would you expect the courts to award her in the event of divorce?...we do not and will not have children together
What would this sum be likely to be after say ten years of marriage and then divorce ?
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