Can someone who owes money sign over property to me when they have just got married?
the only money the person has is tied up in equity in the property and has agreed to sign this over to me. however they have just got married so is their spouse still entitled to half should the marriage disolve
Answers:
I don't think a pre-nuptial agreement, if one even exists, would have any bearing on this. I've never seen a pre-nuptial that gives away pre-marital property. The marriage of this person should have no effect . Whether it is a community property or common law property state or country, property owned prior to marriage remains the sole and separate property of the owner. This was true even during Victorian days in England. Perhaps if you told me where you live, I could check the law. I suppose India could be different, although I doubt it. Unless the debtor has signed her property over to her new husband, the marriage is of no consequence to your issue.
it depends on what the prenuptual says.
If they are married without commune then yes he can sign it over if he is the legal owner
if they are within commune then he can still sign it over but usally with the wife's written consent
it interest me how he can sign over a partial investment though? if he and 5 buddies bought the property he is the co-owner and you will need their consent as well.
ask a lawyer, this is a tricky one
Yes, the property would be yours outright. The spouse is only entitled half of what property they have AT THE TIME of the divorce, and only to the property obtained during the marrage depending on the state.
pre nupital have no bearing on the case in the UK they are are not able to be legally enforced. The contract you make should be signed by both parties who are married,if not the surviving partner is entitled to precedence if one dies and you will not have a claim on the estate,
If they sign the house over to you, who is going to repay the loan on the property? The lender will not agree to the transfer of the property unless the loan is repaid first.
The spouse cannot be entitled to a share in a property which is owned by someone other than their spouse.
In England and Wales, they can certainly sign the equity in their property over to you, though you need a lawyer to make sure it will stand up legally. But - and it's a big but - unless the spouse joins in to consent, you will own the equity subject not only to the mortgage (which you could pay off, if you sold the place from under them), but also to the other spouse's right to go on living there, which would probably make the property unsaleable.
If they have just got married then doubtful the partner can claim on previously owned property, if you are owed money and they pay you in property then take it sell it and turn it into money, if they are bankrupt then to sign you over anything would be making you a preferential creditor and that would be illegally unless your the tax man the vat man or the local local authorities, they can have there's first
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