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Surprised property in my son''s name!!!

  • Aksh
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21 Jul 12 #344457 by Aksh
Topic started by Aksh
Hi... All opinions will be extremely valuable.

My son and his ex were both living in my property (extended family type)for 3 years and there is a two year old daughter from the marriage. This property of mines was purchased by me in 1996 and has my name on the title deeds.

My son is suffering bipolar disorder and is in the process of divorce and is getting legal aid. The ex has just found out that he has 2 property under his name. The first property was purchased by me in 1998. I checked land registry and the property is in the name of my two sons. This was shocking as at that time my sons were 15 & 14! Therefore underage. I spoke to my solicitor who dealt with this at the time, and has accepted this error in writing and will not charge for any work undertaken. He will transfer the property in my name as clearly an error was made at that time. What is the legal implication of this property in divorce proceedings?

The second property was purchased in 2004 and has mines, my wife, and my two sons name on the property. 4 people in total. However at the time I registered the property as a deed of trust.Again, what are the legal implications ofthis in divorce?

My son married in Mar 2008,daughter in Feb 2009 and seperated in June 2011.

Will his ex have any rights to any of these assets? What can i do to protect my assets?

All opinion are very welcomed.

Thanks in advance

  • TBagpuss
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24 Jul 12 #345080 by TBagpuss
Reply from TBagpuss
With regard to the first property, you need the solicitor to confirm in wirting the original instructions and that the property being in the names of your sons was an error.
It is likely that at present, the property would be considered to be held by your sons as trustees for you - i.e. they are the legal owners byut you are the beneficial owner, and entitled to have the property re-conveyed to you.

The solicitors who made the original error should cover all costs involved in getting this corrected.

As your son was never a beneficial owner of the property he has no claim against it so it does not come into his divorce.

Obviously his wife may challenge this which is why you need very clear confirmation from the solicitor dealing with it. It may be necessary for you to be joined as an intervenor in the proceedigns between your son and his wife and if so, you may nee to speak to the original solicitors about apaying your legal fees for this.

With regard to the second property, it depends what the trust deed says. Your son''s interest under that trust will be a matrimonial asset. So if the trust deed says he has a 24% interest, then his 24% is an asset which his wife has a claim against.

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