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Property in wrong name!!!!

  • Aksh
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21 Jul 12 #344456 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

  • LittleMrMike
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30 Jul 12 #346044 by LittleMrMike
Reply from LittleMrMike
As you have not had a reply I thought I had better attempt one.

As you know, people under 18 cannot hold land or other real property.

However it is possible for an adult to hold property in trust for a minor until (s)he becomes of full age.

It is not clear to me if this was the intention, or whether the property was simply conveyed to your sons in error and the intention was that they should have been transferred to someone else.

For obvious reasons, it makes a bit of a difference, according to what the true intention was.

A Court can''t take into account property belonging to third parties. You really have to have to establish what shares belong to you, your wife, and the children.

Unfortunately it would be impossible for me or anyone else on wiki to help you without seeing the deeds.


  • cookie2
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30 Jul 12 #346074 by cookie2
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LittleMrMike wrote:

However it is possible for an adult to hold property in trust for a minor until (s)he becomes of full age.

I would imagine that is what the intention was, otherwise why on earth did the conveyancer even have the sons'' names? Conveyancers are not in the habit of looking up their clients'' family members and randomly putting them on deeds.

I also think it will depend greatly who is living in each of these properties. If for example, the one owned by all 4 of you, your other son is living there with his family... then it would be extremely difficult for your son''s STBX to realize any share of this asset, even if she were "entitled". If the house is empty or rented out then it would be a different story.

  • dukey
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30 Jul 12 #346078 by dukey
Reply from dukey
What is more important is does your son have children with this lady, its a short marriage.

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