Anyone familiar with divorce law?

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Salahudeen

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I need some help but the problem is solicitors charge you to walk through the door :hmm: if someone who is getting married transfers a property in their name to someone else a week before marriage is the person their marrying still able to lay any claim to it?

Bearing in mind the person that their marrying will be living in the home and contributing towards the bills etc.
 
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:sl:

Apart from the legal perspective, if the person marrying him/her knows the he/she has a house, and thinks they will be living in the house that's in their spouses name, if he/she is not told about this before marriage, he/she will naturally feel that they have been deceived.

It raises questions such as:
Does the spouse-to-be know this person owns such a property?
Why is the person transferring the property? If the spouse to be knows about the property, are they going to tell him/her about the transferrance? If not, why not? etc etc.

It raises the issue of trust even before the marriage has happened, unless there are other factors involved.

As to the legal perspective:

"What if I am concerned that my spouse or partner may be trying to sell a property without my consent?

If you are worried that your spouse or partner, whether you are married or not, may be imminently trying to sell a property in which they, and possibly you, have an interest, you should speak to a specialist family lawyer as a matter of urgency. This is especially urgent if you know or suspect that the property is registered in your partner’s sole name, or in the name of a third party, such as a company or trust that your partner may be involved with. You may have found out that they have marketed the property with an estate agent or even that exchange is looming. You need to move quickly! The property in this case may not necessarily be your family home – it could be an investment property or holiday home.

In this situation, matrimonial home rights may not be enough to protect from the property being sold or transferred from underneath you, and this won’t be an option for you anyway if you are not married. To actually prevent your partner from dealing with the property you may need a restriction, which will be entered with the Land Registry. This will ensure that your written consent must be obtained before your spouse or anyone else sells the property or otherwise tries to dispose of it. "
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http://www.family-lawfirm.co.uk/Articles/Finances/Protecting-your-Share-in-the-Family-Home.aspx

"If it is in the name of someone else

For various reasons, a property may be owned in the name of another family member. A property may also be owned by a trust or company. You or your spouse or civil partner might be able to claim an interest in the property. It is therefore essential that you find out the actual ownership of the property before a settlement is reached to make sure any interest in the property is taken into account. This can be a complex area and you should speak to a solicitor if you think it could apply to you."
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http://divorce.moneyadviceservice.o...ied-couples/different-types-of-ownership.html

I found this free legal advice forum, it might be good to ask here: http://forum.freeadvice.com/

I don't know what the Islamic perspective is, best to check with a scholar.
 
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Insaanah said:
:sl:

Apart from the legal perspective, if the person marrying him/her knows the he/she has a house, and thinks they will be living in the house that's in their spouses name, if he/she is not told about this before marriage, he/she will naturally feel that they have been deceived.

It raises questions such as:
Does the spouse-to-be know this person owns such a property?
Why is the person transferring the property? If the spouse to be knows about the property, are they going to tell him/her about the transferrance? If not, why not? etc etc.

It raises the issue of trust even before the marriage has happened, unless there are other factors involved.
Click to expand...


jazakAllah khair, it's not a matter of trust, its not knowing what the future holds, people are the best of friends one day and the next day they are the worst of enemies. The person is transferring it because she has worked all her life to buy this house and doesn't think it's fair if some guy she marries from abroad who is going to gain British citizenship through her should have any stake in it at all when she worked all her life to buy it.

I'm disappointed the person is still able to claim an interest in the property even if it's on someone else's name. The marital home will have to be somewhere else then.
 
:sl:

Ok. I didn't realise that was the situation, as he won't be a UK citizen for a while, even after marriage. It may be that a different rule applies in cases like that. Ask in that forum I gave a link for above. There's marriage, divorce, immigration and property law sections too.

Also check with a scholar what the Islamic position is.
 
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Insaanah said:
:sl:

Ok. I didn't realise that was the situation, as he won't be a UK citizen for a while, even after marriage. It may be that a different rule applies in cases like that. Ask in that forum I gave a link for above. There's marriage, divorce, immigration and property law sections too.

Also check with a scholar what the Islamic position is.
Click to expand...

ok jazakAllah khair for taking the time to find that info for me, appreciate it very much.
 
I have no knowledge about UK laws. does the husband have a claim to the wife's property? can he take it from her if they divorce?

Islamically, the wife keeps whatever property she has and the husband can't take it from her unless she willingly gives it to him.

if the husband gives the wife a piece of property as mahr it is the woman's and the husband can't get it back unless the woman is asking for divorce, in which case the woman has to give it back. Islamically, the woman can't get any of the husband's property at divorce time unlike Western laws. however, she is entitled to child support.
 
Every country and every religion has different divorce laws, so you can impose one thing to all religion and country. Now days divorce ratio is increasing immensily and I have read an article about Why divorce ratio is increasing alarmingly? you can read it from blog.naseeb.com/2012/11/why-divorce-ratio-is-increasing-alarmingly/
 

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