Indian marriage - english property...

snooks · Jun 28th, 2008, 17:12

Not a very optimistic question but I need to answer my family's questions while trying to get proper legal advice.

I am British and am due to marry my Indian partner in Sept/Oct. I own a flat in London, which has over the years gone up in value. It is my only significant asset. Everything is in my name and will remain so after I marry.

Does anyone know what the laws are after I get married in India under the Special Marriage Act regarding my property in UK? My family are convinced my fiancee is only after a visa and will marry me, get said visa, divorce me and I will have to pay him half of the equity I have in my property.

This may seem a bit extreme and I will be getting proper legal advice - as much as I don't like the negative connotations of it, i do see the point of protecting my only asset but as security over the long term as opposed to their doom scenario. I would want to do so irrespective of who I married!

Any advice that'll will clarify things until then greatly appreciated.

Nick-H · Jun 28th, 2008, 18:35

It is very sensible thinking, for both partners, to know their future rights.

edwardseco · Jun 28th, 2008, 23:30

Not as easy an answer as for California where the results can be summarized as she gets the flat and you get the shaft. Perhaps a quick prenuptial consultation with a solicitor (Nick you can check my term, I only know Rumphole of the Bailey).

Read down below the 2nd paragraph to get some encourging news. Beside British property values are in decline so less of an estate will be created during marriage..http://http://www.johnmayoue.com/fam...ritish-pre.asp.

Nick-H · Jun 28th, 2008, 23:32

I think she is the she!. And I think that's Rumpole, without an 'H'

capt_mahajan · Jun 28th, 2008, 23:35

Quote:

where the results can be summarized as she gets the flat and you get the shaft

snooks · Jun 29th, 2008, 00:10

I am indeed the she!

Yeah - we will be having a chat with a friendly lawyer in India (mm, does such a thing exist?) and I will be taking advice in UK.

Just thought there may be someone out there somewhere who might know the basics of it all.

And thanks for the link - I for one assumed that pre-nups in UK were legally binding. Apparently not. Though according to the news, it may be changing sometime soon....

karuna · Jun 29th, 2008, 00:23

Quote:

Rumphole

*spits coffee over computer*

Haylo · Jun 29th, 2008, 00:58

Quote:

Originally Posted by snooks

I own a flat in London, which has over the years gone up in value. It is my only significant asset. Everything is in my name and will remain so after I marry.

Irrelevant whose name the flat is in. If taken to court, you may get a judgement that you are to keep more than half of your property. However, according to British law, upon your marriage any property becomes joint. This applies even if it is in your own name and even if one partner has not contributed anything towards the puchase or upkeep of it.

I am not a lawyer, but unfortunately have had occasion to seek advice about this.

Quote:

Originally Posted by edwardseco

Beside British property values are in decline so less of an estate will be created during marriage.

However much the property market crashes, a flat in London will be worth a five figure sum.

Also, assets "created prior to marriage" are just as much up for grabs as assets "created during marriage"

I strongly suggest that as there are no prenuptual agreements here, you seek legal advice before marrying.

Jun 28th, 2008, 17:12	#1
snooks Member Join Date: Sep 2007 Location: Poonjeri, Nr Mamallapuram, Tamil Nadu Posts: 29	Indian marriage - english property... Not a very optimistic question but I need to answer my family's questions while trying to get proper legal advice. I am British and am due to marry my Indian partner in Sept/Oct. I own a flat in London, which has over the years gone up in value. It is my only significant asset. Everything is in my name and will remain so after I marry. Does anyone know what the laws are after I get married in India under the Special Marriage Act regarding my property in UK? My family are convinced my fiancee is only after a visa and will marry me, get said visa, divorce me and I will have to pay him half of the equity I have in my property. This may seem a bit extreme and I will be getting proper legal advice - as much as I don't like the negative connotations of it, i do see the point of protecting my only asset but as security over the long term as opposed to their doom scenario. I would want to do so irrespective of who I married! Any advice that'll will clarify things until then greatly appreciated.

Jun 28th, 2008, 18:35	#2
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 26,774	It is very sensible thinking, for both partners, to know their future rights. __________________ . Just one member of the IndiaMike Mod Team

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Jun 28th, 2008, 23:30	#3
edwardseco Maha Guru Member Join Date: Sep 2001 Location: Land that shakes and bakes. Posts: 3,911	Not as easy an answer as for California where the results can be summarized as she gets the flat and you get the shaft. Perhaps a quick prenuptial consultation with a solicitor (Nick you can check my term, I only know Rumphole of the Bailey). Read down below the 2nd paragraph to get some encourging news. Beside British property values are in decline so less of an estate will be created during marriage..http://http://www.johnmayoue.com/fam...ritish-pre.asp.

Jun 28th, 2008, 23:32	#4
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 26,774	I think she is the she!. And I think that's Rumpole, without an 'H'

Jun 29th, 2008, 00:10	#6
snooks Member Join Date: Sep 2007 Location: Poonjeri, Nr Mamallapuram, Tamil Nadu Posts: 29	I am indeed the she! Yeah - we will be having a chat with a friendly lawyer in India (mm, does such a thing exist?) and I will be taking advice in UK. Just thought there may be someone out there somewhere who might know the basics of it all. And thanks for the link - I for one assumed that pre-nups in UK were legally binding. Apparently not. Though according to the news, it may be changing sometime soon....

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