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


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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


What is a beneficial interest in property?

  • Sirens prey
  • Sirens prey's Avatar
  • Junior Member
  • Junior Member
More
16 Jun 11 #273201 by Sirens prey
Reply from Sirens prey
Do you know of any case law by chance..?

Ta
The topic has been locked.
  • dukey
  • dukey's Avatar Posted by
  • Moderator
  • Moderator
More
16 Jun 11 #273202 by dukey
Reply from dukey
Why do you need case law? to be quite honest its best left for legal professionals, lay people tend to bend it to match what they think it means rather than the conclusions actually drawn.

If you want some bed time reading google TOLATA sections 14 and 15 of the Trusts of Land and Appointment of Trustees Act 1996.
The topic has been locked.
  • Sirens prey
  • Sirens prey's Avatar
  • Junior Member
  • Junior Member
More
16 Jun 11 #273210 by Sirens prey
Reply from Sirens prey
Thanks..yes i have already ploughed through TOLATA and read the various relevant cases. I am impartial,just trying to help a friend who is being lined up for a shafting but cannot afford big bucks for SOs and Barristers.
The topic has been locked.
  • Carryless
  • Carryless's Avatar
  • Junior Member
  • Junior Member
More
30 Oct 11 #295216 by Carryless
Reply from Carryless
I'm a bit confused about Beneficial Interest in property.
My stbx wife and I were joint beneficial owners in the FMH. This is a short, second marriage and we have no children. We had both contributed equally to the purchase of the property and we own it outright with no mortgage. I severed the JB ownership by letter to her in September and told her I wished for the property to be held as Tenants in common in 50/50 shares. She refused to countersign the letter and three days later told me she wanted a divorce.(Obviously things were already pretty dire between us and this was a defining moment)
I received her Petition for Unreasonable Behaviour three weeks later.
What do I do now? I have been told that the change from Joint Beneficial to Tenants in Common is unilateral- do I simply go ahead and inform the Land Registry?
I am no longer living in the FMH and have moved into alternative accomodation.
The topic has been locked.
  • dukey
  • dukey's Avatar Posted by
  • Moderator
  • Moderator
More
30 Oct 11 #295222 by dukey
Reply from dukey
Your married so i would not worry too much about beneficial interest its more important to those who lived together but were not married.

The first job is to register a marital home rights notice with land registry to prevent sale of the property.

Your entitlement after a short and childless marriage will be equal to your investment and then you would share any profit or debt form the marriage.

When married section 25 of the 1973 marital causes act is the law you need to be looking at.
The topic has been locked.
  • vc1
  • vc1's Avatar
  • Junior Member
  • Junior Member
More
18 Jan 12 #307128 by vc1
Reply from vc1
can you expand upon "common intention" ?
The topic has been locked.
  • dukey
  • dukey's Avatar Posted by
  • Moderator
  • Moderator
More
18 Jan 12 #307129 by dukey
Reply from dukey
Common intention is what it says on the tin, it is anything that would show that two people planned to make a home together, telling friends and family, picking out furnishings, it covers a multitude of possibility`s.
The topic has been locked.
Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11