Rights of spouse to property in partners name only

[efm]

Hi there,​

I wonder would anyone have any ideas on the following or give an indication where I could find more info. I know that ultimately a solicitors advice will be needed but I am trying to get as much info myself first.

Consider the following: A couple are married for a number of years, have no children together but there is a child from a previous marriage, the family home is in joint names and a separate investment property is in the sole name of one of the couple.

If this couple now decide to separate would the investment property be included as part of the assets of the marriage or would it be kept separate? The property was purchased during the marriage but in only one name.

In the same scenario would any assets in a sole name be included when calculating the need for maintenance payments?

I know these are quite specific questions but any help or direction would be greatly appreciated

 

[mf1]

"If this couple now decide to separate would the investment property be included as part of the assets of the marriage or would it be kept separate? The property was purchased during the marriage but in only one name."

All assets available to either party are on the table for dividing up.


"In the same scenario would any assets in a sole name be included when calculating the need for maintenance payments?"

Not sure what this means - but if you mean that A has a house which is rented out and yields an income then yes it would be taken into account.

Marital breakup can be a messy and expensive exercise - both parties should be independently and properly advised before making any major decisions.

mf

 

[efm]

Mf, thanks a million for the quick reply. I agree that in the case of marital breakup there is no substitue for good independent advice but I am just starting to look at this issue so any guidance is much appreciated.

Thanks again