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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1958
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My brother has been divorced nearly 2 years, spilt from his

Resolved Question:

Hi, my brother has been divorced nearly 2 years, spilt from his ex wife for 6 years, he inherited from our grandfather a property which they both lived in until she left the marriage for someone else , they have 2 children which they both share through out the week ... Is his ex entitled to anything at this time ? She is claiming she owns half of the property. Or would it be possible for me to buy his property at a much reduced rate in order to avoid this ...
Submitted: 8 months ago.
Category: Family Law
Expert:  Harris replied 8 months ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-Are they in England or Wales?-How long have the been married?-When did he inherit the property, and how long did they live together in the property?-What other assets do they both have?-How old are the children?
Customer: replied 8 months ago.
England ...
They were married for 9 years, they lived in the property for all of this time but he inherited the property -5 years ago before they met .... They have no assets and the children are 10 and 7
Thank you
Expert:  Harris replied 8 months ago.
Thank you for confirming. Despite your brother inheriting the property, as it was used as the former matrimonial home for 9 years, the property will be considered a matrimonial asset and cannot be "ring-fenced". She would therefore have a claim towards the property and the court's starting point would be a 50-50 split of all matrimonial assets.You have suggested that he signs the property over to you, however I would stress that you should not do this. This would be considered financial misconduct by the husband if his intention in the transfer is to defeat any claim by his wife to a share of the property and there would be serious penalties. Furthermore, the court could overlook the transfer and award her an increased share if it were transferred to defeat a claim by her.I appreciate that this may not be the answer you would have hoped for, but if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1958
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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