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Overseas property

  • tazevans
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02 Feb 08 #12586 by tazevans
Topic started by tazevans
Does anyone have experience of whether or not an overseas property inherited by one of the parties is considered part of the divorce settlement?

  • mike62
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02 Feb 08 #12588 by mike62
Reply from mike62
If it is inherited during the marriage in England and Wales, it is in the pot, I'm afraid.

  • tazevans
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02 Feb 08 #12594 by tazevans
Reply from tazevans
The law in this case doesn't seem unequivocal. For example, at www.divorce-lawfirm.co.uk/Useful-Information/Expat-Divorce.aspx they state the following:
"English courts cannot make orders in respect of overseas assets, except by consent so cannot, for instance, order a house in France to be transferred to one particular party. This would have to be dealt with by a local lawyer." Given that local law (in this particular case) states that inheritance goes wholly to the sole beneficiary, how would English courts evaluate the asset?

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