A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info

Can I put my share in my kids names

  • lawler777
  • lawler777's Avatar Posted by
  • Junior Member
  • Junior Member
More
08 Jul 14 #439029 by lawler777
Topic started by lawler777
I have separated from my partner and have 3 grown up kids over 18. I want to change the way the house is owned so they become part owners of my 50. % of the house....... How do I do this and what needs to be done.......any help would be appreciated including steps and potential steps

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
08 Jul 14 #439031 by Fiona
Reply from Fiona
Under family law when you are married the former matrimonial home is a family asset to be shared. If you change the way the property is owned the courts take a dim view of disposing of assets to prevent/reduce a spouse''s financial claims and have the power to set aside the disposal or add the value back when calculating sharing any other assets.

If you weren''t married it''s another ball game and property law applies.

  • lawler777
  • lawler777's Avatar Posted by
  • Junior Member
  • Junior Member
More
08 Jul 14 #439032 by lawler777
Reply from lawler777
She has already taken steps on how we own the house to tennants in common and all I want is to give my share of the house to the kids .....I''m not interested in any financial gain

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
08 Jul 14 #439036 by Fiona
Reply from Fiona
Were you married? If so it doesn''t matter whose name is on the deeds,. The former family home is a matrimonial asset to be shared according to a check list of factors in s25 Matrimonial Causes Act 1973, not necessarily 50:50. Until there is a divorce settlement you won''t know what your interest in the property is and it could be very expensive sorting it out if you transfer your interest in the property before the finances have been finalised on divorce.

  • lawler777
  • lawler777's Avatar Posted by
  • Junior Member
  • Junior Member
More
08 Jul 14 #439038 by lawler777
Reply from lawler777
No marriage

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
08 Jul 14 #439077 by dukey
Reply from dukey
It''s much the same as Fiona describes even if not married, you cannot dispose of a disputed asset.

If there is no dispute and you have already divided your assets you are free to do as you wish, all you need is a solicitor to form a trust.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11