Natasha Grande, co-founder of G&G Law, spoke to This Is Money in response to a reader question: “I’m married but our house is in my wife’s name only – what happens when we divorce?”
Having advised numerous clients who sadly faced similar circumstances, Natasha recognises how emotionally fraught this situation can be. “There is a distinction in family law between matrimonial property, property which is built up in the marriage, and non-matrimonial property, which was brought into the marriage by one person or acquired via a gift or inheritance,” Natasha explains.
“Crucially, matrimonial property can be shared on division of the assets on divorce, while non-matrimonial property is not automatically subject to sharing on divorce. Just because the legal title to the family home is held by your wife does not mean that the house will not be regarded by the court as a matrimonial asset and shared on divorce.”
Natasha went on to explain the key factors to consider when a property is in the name of just one person in a separating couple, including:
- The step-by-step process of how assets are defined in divorce proceedings;
- Scenarios that could impact how assets are divided;
- How children and pre- or post-nuptial agreements affect division;
- When to take legal advice; and
- The benefits of alternative dispute resolution over going to court.
