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New husband entitlement to previous property

5 replies

MomOfAngels · 27/11/2022 09:15

Not sure if anyone would be able to advise but I am part owner of a previous property with my ex partner (50/50 ownership). Our relationship ended and I moved out whilst my ex remained living at the property and paying the mortgage. He doesn't want to buy me out as cannot afford it. My question is that I am now in a new relationship and talking about marriage. If I were to marry my partner, would this change anything with the mortgage or entitlements for the previous property (as in would that make my "husband" entitled to anything from the old house) or is it still the case of the only entitled parties are those on the mortgage? I was under the impression that it would still remain as legally mine and my ex partners but am questioning as I know marriage links everything. Can anyone advise at all?

OP posts:
confessionstoday · 27/11/2022 09:20

Why don't you force a sale of the house. He can't just stay in it because he can't afford to. He will have to sell.

Get a pre-nup and ring fence the property from future husband. Not binding but highly persuasive to a court

MadeForThis · 27/11/2022 09:22

Once you are married the house becomes a marital asset in a future divorce.

It doesn't become your new husbands. Ownership remains the same. But it would become part of the assets in a divorce.

prh47bridge · 27/11/2022 09:27

The property would still belong to you and your ex-partner but, if you marry then divorce, your share of the equity in the property would go into the pot to be divided between you. That doesn't necessarily mean he would get any of it. That depends on a range of factors.

As a previous poster says, if you are worried about this you should consider a pre-nup and/or forcing sale of the house.

Positivelypatient · 27/11/2022 09:36

I think I would be sorting out the ownership of the house you part own before even thinking of marrying someone else.

MomOfAngels · 27/11/2022 09:40

Thanks all, I thought this was the case! We're on good terms and so I don't particularly want to force him to sell the property as it's still working well for us both as it is, I was just curious as to how this would work as I couldn't find any information online and wondered if it would only be my half that would be classed as marital assets rather than the full house. That makes complete sense! Thanks again!

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