Can I buy a flat in my name only and exclude my husband?

Q I finally have enough money to be able to put down a deposit to buy a one-bedroom flat in London. My problem is that, although I am married, I would like to buy this property in my name only. Is this possible? And how?

The reason is that, although I love my husband and we are happy together, you never know what will happen in the future. So I want to buy the flat and be sure that in case of divorce the flat is entirely and only mine.

Can you please advise me?
AB

A Yes, it is possible to buy a property in your name only but there’s no point if doing so is just to ensure that it won’t be included in any divorce settlement. On divorce, as part of the process of working out what there is to divide up, both spouses have to declare all assets acquired during the period of the marriage regardless of whose name the asset is in held in. So acquiring the flat in your sole name doesn’t mean that you wouldn’t have to declare it.

If you had bought it before (or after) the marriage – or you had been given or inherited property – you would still need to declare it but you could argue that it should be considered as non-matrimonial property and so not be included in the financial settlement. According to a report by the Law Commission, “the courts’ current approach is generally not to make orders requiring former spouses to share property acquired by gift or inheritance or acquired before marriage unless that property is required to meet financial needs”.

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