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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34264
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi I am going through a divorce me and my ex wife lived with

Resolved Question:

Hi I am going through a divorce me and my ex wife lived with my parents but I had property which was under my name but was not mine it was my brothers we Made a deed of trust in 2005 and in march 2013 my wife filed for divorce my brother panicked and said he wanted his property back I signed it back over to him on June 2013 and now my wife's lawyers are saying I done this on purpose can you tell me is my brothers property safe or not
The only reason the property was in my name was because my brother was a student back in 2002 when he bought the property he could not get a morgage so I got him the loan he put the deposit down
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What evidence do you have of the original Trust deed?
Clare
Customer: replied 3 years ago.
Hi Clare I have the original copy and I know witness that signed it aswell

Thanks
Expert:  Clare replied 3 years ago.
Hi
That is good news
Just to check however - did you use a solicitor to have it drawn up?
Clare
Customer: replied 3 years ago.

yes i did

Customer: replied 3 years ago.

Hi Clare i did use a solicitor


 


thanks

Expert:  Clare replied 3 years ago.
Hi
That is excellent news.
Get all the paperwork together - including any copy letters from the solicitor and send it to your ex's solicitor
Tell them that you never had a financial interest in the property to start with and that accordingly your ex has no claim upon it
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi Clare I have already done that but they are not having any off it all I want know if it goes to the court will my brothers property be safe or not

Thanks
Expert:  Clare replied 3 years ago.
Hi
If your paperwork is as clear as you say it is and you can prove that the deposit was paid by him then yes it should be safe
Clare
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