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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.


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.


Donated property abroad

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03 Jul 12 #340894 by Margot123
Topic started by Margot123
Hello,

I have done a search about this subject but it seems that only 1 thread was relevant....and 4 years old...

My father “donated” his house to me when I had cohabitated for around 3 years with my ex and our son was already born. All the paperwork was done by solicitors in France and my father made them write in the paperwork that should anything happened to me, the house would go to direct to my son, completely bypassing my partner.
Altogether we cohabitated for 8 years (property donation after 3) and then married for 12 years.
My father and his wife are currently living in the house and have the right to do so until they pass away.

I was wondering if anyone would know if I have to include this property as part of the divorce settlement.

Also, as I am not sure if he actually remembers about that property, should I decide to “keep quiet” (I have just paid him off his share of the marital house), would it come back to “haunt me” once the divorce procedure is finished (including financial part of course).

I realise this may sound a little unfair (keeping it quiet) but I have spent the past 20 years “bailing” him out on fairly regular basis, and sometimes quite a lot of money (definitely in the 4 digits amounts), and I would prefer if he had nothing to do with that house...it’s mine (I spent my small childhood in it) and my son’s.
Any help is welcome.

Thank you in advance.

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03 Jul 12 #340897 by cookie2
Reply from cookie2
Yes you should include it on your form E (if you do one).

More worrying, you have paid him for his share of the house? Do you have a Consent Order?

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03 Jul 12 #340899 by Margot123
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Yes, it was a condition that the mortgage company solicitors insisted on before they proceeded with the deed transfer etc... I paid him 10 days ago, via bank transfer so I have "proof" that I have paid him along with the solicitors letter telling me to do so.

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03 Jul 12 #340901 by Margot123
Reply from Margot123
Sorry, forgot to add, I do have a Consent Order. Divorce procedures are not even started yet

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03 Jul 12 #340902 by cookie2
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CCCatherine wrote:

Sorry, forgot to add, I do have a Consent Order. Divorce procedures are not even started yet

Err - you can''t have a Consent Order if divorce proceedings are not even started.

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03 Jul 12 #340905 by Margot123
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It was a typo....I did post straight after but it seems I didnt submit...

No I don''t have a Consent Order, divorce procedure has not started

Sorry about the confusion

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03 Jul 12 #340906 by cookie2
Reply from cookie2
Ah right, OK. I would not give him anything else until you do have a Consent Order.

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