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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

parents property

  • desi
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25 Jul 07 #1534 by desi
Topic started by desi
I been married two years, myself and my partner were living with my parents during the two years. My wife has filed for divorce and in her ancinery relief she has made a claim for my parents property! The property is only in my parents name, does my wife have any right to make a claim towards the property? Is she entitled to anything with the property? She is also tryig to put a restriction onto the property!

  • LittleMrMike
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25 Jul 07 #1535 by LittleMrMike
Reply from LittleMrMike
I would have thought not, at least

(a) as long as the property is genuinely in your parents' name and this is not part of an artificial scheme designed to defeat any claim by your wife for ancillary relief
(b) you have no interest in the property in your own account; and
(c) your parents are not of an age where inheritance in the reasonably foreseeable future is a possibility.

Mike 100468

  • Louise11
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25 Jul 07 #1539 by Louise11
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How mad is that?

Of course the silly woman can't do that! Surely!
Unless of course the answer is yes in all three of Mikes points!

But I think I read somewhere that even in point 3 because it has not happened yet they cant even do that! In other words....say you were going to inherite it according to their will............how can that be a guarantee you are going to get it, what if they decide at some point to leave it all to a cats home! This is why I doubt a court would grant her a say in the property on the above point (c) (But i could be wrong, but me being me would fiercely defend it!)

I wouldnt worry too much, in front of a Judge? I doubt she would get anywhere.

Kind ones
Louise

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25 Jul 07 #1540 by LittleMrMike
Reply from LittleMrMike
I suppose I should have added that your wife won't get much after a marriage of only two years.

I wouldn't lose too much sleep about it.

Mike

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