Property after divorce

Danny333

I'm about to marry, I own a property outright that's wholly in my name. We intend to live in my wife's council property & not in mine. I'll rent that out. If we divorce will she have any claim over it?
Thank you

jackieblack

Possibly.
If the marriage is short with no children, the court may simply return you to the position you were in before the marriage took place.

If longer and/or chidren involved, all assets owned by you both are included and the 'starting point' is a 50/50 split with children's needs taking priority.

Danny333

We are both in our fifties & will not being having children. She has 2 that are in their 20's
Thanks

paddy's_mum

In a word, yes, she may well have a claim. It's enshrined in that bit of the marriage service that says 'all my worldly goods...'

She may also have a claim to your pension and anything else you own, as you may have upon anything of hers. Even a will can be overturned if it leaves a surviving spouse unprovided for.

I suggest that you seek the opinion of a good matrimonial solicitor if the thought of sharing bothers you.

Is your fiancee aware of your reservations?

Mojisola

Danny333 wrote: »

I'm about to marry, I own a property outright that's wholly in my name. We intend to live in my wife's council property & not in mine. I'll rent that out.

Does her lease have a clause like this?
https://forums.moneysavingexpert.com/discussion/5626153
"Her lease states she cannot have another house that she could reasonably live in."

Danny333

I also have a possible inheritance from my parents property. She owns no property & has no likely inheritance. Yes she is very aware of my reservations

davidwood123

At your age, I wouldn't get married

Danny333

Don't know about her lease. Read the link. Thanks. I'm not keen on marriage she is

professor~yaffle

What you're suggesting is playing the system.

Social housing is there for people who are in dire need of housing, not those who choose to take up a council house while they have another (privately owned) property that they 1) choose not to live in and 2) use as a source of income.

(Sorry, this is a bugbear of mine, - I've got a neighbour who's doing the exact same thing, taking up a council flat while her other half and the father of her child has his own house, which she 'doesn't want to live in' :mad: )

Fosterdog

Why would you choose to stay in a council house which will be needed for a family in need considering the country's housing shortage when you have a house you could live in?

Would you not be better for either her to move in to your house or for you to sell and buy a new house for you both? It would be different if she also owned her own home but it is completely morally wrong to use up a space in social housing that is not actually needed and she will most likely be going against any terms of her tenancy as her right to social housing should quite rightly depend on joint marital assets.

Guest101

Danny333 wrote: »

I'm about to marry, I own a property outright that's wholly in my name. We intend to live in my wife's council property & not in mine. I'll rent that out. If we divorce will she have any claim over it?
Thank you

Yes. (and I'm not sure why you wouldn't free up a council house for someone else)