Aslaam alaykum, someone in my family is planning to marry someone from abroad with no British citizenship, she has a property on her name and wants to transfer it to her son's name before she gets married in case the man she marries somehow takes a percentage, so the question is, if she transfers it before she gets married, is there any chance the man she marries can take a percentage of it should the marriage end in divorce, because the judge will be able to see that the house was on her name for 10 years then she transferred it before she got married.
If there is anyone familiar with british law who would know the answer that would be great. JazakAllah khair.
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Re: Can a husband lay claim to a property that was previously on his wife' name after
Salaam Brother:
I don't know anything about UK law but in this situation it may be best to consult with a UK lawyer (I am assuming she's a UK citizen living in the UK). Prenuptial agreements can be drawn up and signed so your friend can protect her property etc. prior to marriage. As her spouse to be is not a UK citizen (and if I recall correctly I don't think you can gain UK citizen instantly upon marriage, still have to be a resident for some years...but I am not certain on this, was quite awhile I researched this for some reason or other) its always possible they could not inherit or claim property in the UK (some countries won't allow this, but this may refer more to inherited via death of the owner). Thus, all the variables involved would make it best to talk to a lawyer who specializes in this area.
Just my Honest Opinion, maybe we have a divorce/marriage and property lawyer here who can help.
Re: Can a husband lay claim to a property that was previously on his wife' name after
format_quote Originally Posted by Salahudeen
Aslaam alaykum, someone in my family is planning to marry someone from abroad with no British citizenship, she has a property on her name and wants to transfer it to her son's name before she gets married in case the man she marries somehow takes a percentage, so the question is, if she transfers it before she gets married, is there any chance the man she marries can take a percentage of it should the marriage end in divorce, because the judge will be able to see that the house was on her name for 10 years then she transferred it before she got married.
If there is anyone familiar with british law who would know the answer that would be great. JazakAllah khair.
I'm not an expert on the practicable application of land law, nor are the members of this forum. You need to speak to a Solicitor.
You can order the title documents form the Land Registry to determine who the owner is. http://www.landregistry.gov.uk/ This will set out the varies interests that exist within the property.
When people live in land, various interests can develop, especially if children live there or the person makes a contribution towards the property, like paying the mortgage.
I doubt the husband can take a share of the property if there was a divorce. He has made no contribution, nor was he present when the house was purchased (joint tenancy or tenancy in common).
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