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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

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Property abroad

  • karmabeliever
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26 Oct 07 #5337 by karmabeliever
Topic started by karmabeliever
I bought a property in Turkey before I met my partner, therefore it is still in my Maiden Name and the deeds are in Turkish and probably wouldnt be recognized under english law. My husband has not put a single penny into this property but still wants to claim half, can he do this?

  • LittleMrMike
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27 Oct 07 #5352 by LittleMrMike
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Since nobody has replied, I think I'd better.

I think that anything you jointly have goes into ' the pot ' and therefore I think it would be considered as part of any financial settlement. When you think about it, if it were otherwise, wealthy spouses would be buying up property abroad to stop their other half getting it.

The fact that you bought it yourself is relevant, as is the fact that it's unlikely that either of you would want it as a permanent residence. But your x2b can certainly claim a share in it, though, as I have said many times, claiming is one thing and getting it is another.

Mike 100468

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27 Oct 07 #5355 by SummerSun
Reply from SummerSun
I thought it was only the increase in an asset value while you were married that may be included in the pot. I think that the length of the marriage is also important. Do you have details of when you bought it and when you got married?

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27 Oct 07 #5378 by Fiona
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Usually everything which is in individual or joint names is considered a matrimonial asset and forms part of the pot to be shared. The starting point for sharing is 50:50, but there may be good reasons to depart from this such as a short marriage.

My understanding is that in England & Wales a short marriage can be anything from 3-10 years, with both parties generally taking what they put in and sharing any increase in values during the marriage. When there are children this changes things as the priority is for them to be adequately housed.

So the property in Turkey is relevant and forms part of the pot, although in the final settlement it could be offset against other assets. What can happen is the divorce settlement is agreed or imposed in the UK and any order involving assets in Turkey may be presented to the courts there for enforcement.

Please bear in mind I'm not a lawyer and it's sensible to seek proper legal advice.

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