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Risk of Financial Arrangement to Sell Share of Joint Property to Former Partner - LocalSolicitors.com

Separating from partner and worried about the risk of selling my share of our property to him in case his personal circumstances change

It is great to hear that you managed to get divorced and resolved the financial matters amicably using mediation. What should have then happened is that the agreed terms were put into a Consent Order, and sent off to the Divorce court with a short financial information form and court fee of £50, to get the terms made binding on you both. Then you would have needed solicitors to prepared formal Transfer Deeds to effect the transfers of property - which are registered with HM Land Registry.

It is not clear how much time as elapsed, but I would strongly suggest you now take tax advice (as well as legal advice) as there can be tax implications of transfers of property - even between spouses.

It make seem complicated but it should all be possible of being resolved with paperwork and no actual court hearings.

I hope this helps.

Amanda Thurston

Family Solicitor

How can we cross - transfer deeds after divorce?

There is not a straightforward answer to this as it will be tied up with the rest of your financial arrangements and how they should be separated. If you have kept this money totally separate from any other family money you could possibly argue that it is non-marital money if the separation happened imminently. If not it will probably be treated as family money and the contribution of it will be a factor in how it is considered. Issues such as whether it was given to you or you as a couple and what it was intended for will be relevant. It may still be taken into consideration if the court have to decide how each of your needs are met moving forward in any event. This is a situation where you really need to arrange a meeting with a solicitor, explain the circumstances in detail and advice can then be given as it is not possible unfortunately to just give a yes or no answer to this in isolation.

My Mother gave me a reasonable amount of money just before me & my husband separated. She is still alive. Is he entitled to half of this now

Separating from partner and worried about the risk of selling my share of our property to him in case his personal circumstances change

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