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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 855
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My son is going through a very acrimonious divorce and

Resolved Question:

Hi, my son is going through a very acrimonious divorce and his ex and her solicitor are including in my sons assets a flat that I purchased in 2009. the flat in question was purchased by me as an investment for my three children, the funds included money from their father. I put the property in my sons name only, because my 2 daughters are mentally disabled, so when the time comes, my son can make sure his sisters are not taken advantage of. when the property was transferred to my son I drew up a deed of trust saying the property or funds from the property would go to my 3 children on my death or should I need care, to help pay for this. My ex daughter-in-laws solicitor is saying that as the flat is in my sons name it is his. I have a paper trail going back to 1992 to show the funds were from the children's father and me, to buy the flat. my sons ex has always known the flat is for my 3 children, I have correspondence from her stating this, but she still insist on lying in court, her barrister too. This has been going on for nearly 3 years now, and has made me ill. I had a solicitor for a few weeks and got a very large bill which I'm having trouble paying. I hope you can help me. Kin Regards, ***** *****
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Ros
Welcome to Just Answer
I am a Solictor and will try and assist you.
I am very sorry to hear about the situation.
Please may I ask:
- what stage are the proceedings at?
- when is the next hearing?
- have you been made a party to the proceedings?
Kind Regards
Caroline
Customer: replied 1 year ago.
the second financial hearing I think, weds was an interim hearing for my son to take all the paper work concerning the flat, but his solicitor messed up and the judge did not have the papers so therefore he wasn't happy. there is another interim hearing in the middle of Jan, and in the spring a 3 day final hearing, no dates have been given yet, on my sons solicitors instructions I have submitted 2 statements. the Judge, who will be doing the final hearing, said that I will need to go to court to give evidence, which I will do, he also wants my daughters to go, which will be so upsetting, my daughter Dawn has the mental age of a 2year old, and is very ill, and Amy suffers from severe depression. Ros.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Ros
The Judge will decide at the final hearing what he thinks the true position is in respect of the property so it's best to prepare all the information that you have to make this as clear as possible.
The Judge will decide on the evidence what he thinks the true position is and order accordingly.
In respect of your daughters and given what you have described- I do agree that it would be quite distressing for them to attend at court. It is however going to be important to prove what you are saying about the property being held in trust by your son to provide for your daughters in the future. Perhaps you could consider obtaining a report from their GPs in respect of their conditions and needs so that this can be used as evidence instead.
Kind Regards
Caroline
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