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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.

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

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


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Separating when we own a property together

  • Dorothy191
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13 Dec 20 #515096 by Dorothy191
Topic started by Dorothy191
I am separating my partner sadly as it has not worked out. We were gifted £200,000 as a deposit for when we bought the house but now as things haven’t worked out the person who gifted the money is asking for it back. They signed a gift declaration too state that it was a gift and that the property they had no right to and it was bought 50/50 by me and my ex partner. Can they legally ask for it back now? I went into this relationship and buying a house in good faith but does not seem right that you can gift money and ask for it back?

  • .Charles
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14 Dec 20 #515098 by .Charles
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A gift is a gift. It cannot be taken back.

It is common to state that it was a loan in these circumstances but if a gift declaration was made I don't see how it can now be argued that it was a loan.

The other angle is that the gift was to one of you i.e. not you - there might be some traction in that argument but it will depend upon other factors.

Charles

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01 Feb 21 #515599 by bonjour
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Hi

My ex inherited a property from his parents. I input some personal funds when we renovated the property to rent it out.
Now we are separated and he is not giving me any part of the rent or the return of my investment, I have put a financial claim on the property despite it being in his name so he can neither sell it or remortgage against it. I did this via the Land registry by post and got an acknowledgement shortly later. Not sure that this relates to your problems,but worth a try.

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