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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1322
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Im a woman of Vietnamese Nationality married to a British

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Hi.
Im a woman of Vietnamese Nationality married to a British man. Im an Uk residence. We just married for 3 years.
I bought a house here in London last year, Im the sole ownership of my house, all funding to by this house is from me , I have evidence for this. My husband didn’t contribute anything.
I have 2 kids from my previous marriage.
Now my question is if I transfer the ownership of this house to my 2 sons (11 and 9 year of age) when it comes to divorce do I have to share a part of this house to my husband?
If I don’t do the transfer of ownership to my sons does my husband get anything from the value of this house? ( it’s about 800 k Pounds). He is working, im not working just a stay at home mum.
Thanks

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- how long were you together before you got married?

- were there any assets to the marriage?

- does your ex have any assets?

- what os the yearly income for both of you?

- where did you get the proceeds to buy the house?

kind regards

Caroline

Customer: replied 1 month ago.
Hi Caroline,
Thanks for your msg.
Here are my answers:
- we were together for 2 months before getting married in March 2015 in Vietnam. My marriage is recognized by UK law, i got a spouse resident visa to live in the UK, we moved here last November.
- no assets to the marriage. When we got married I have several properties in Vietnam before marriage as im a real estate investor . My husband has nothing, no asset, no stocks or bond.....
and he did sign a post Nuptial Agreement to certify all of this property are mine with Notary Public certification same like solicitor witness here.
- when we came to Uk to settle down, i sold all this properties and brought this fund to here to buy this house.
- I now don’t work, im a stay at home mum.
My husband works for Sainsbury with income of average 1200 Pounds per month after tax.
So my question is:
1. If I transfer the name of this property to my 2 sons do I have to split my house if divorce? ( I have documents he signed in Vietnam to certify all property in Vietnam are mine, but i sold that to fund the property here in England, this house is under my sole name in the title deed)
2. If I don’t transfer to my sons name, based on the factors of our marriage ( he didn’t support the family due to unstable jobs, I have to pay for rent before buying this house and other expenses for him, he not helping with child care....) do I have to pay him anything? I don’t have any other assets or savingsThanks

Hello

Thank you for your response.

Please do accept my apologies for my delay in responding to you today.

Firstly I have to tell you that it is not a good idea to transfer your property in childrens names if the sole of doing so is to prevent your ex from having a claim in relation to the same. This is very important. You need to know that a court can see behind such a transfer and establish that the true owner is you and if the court considered that you had done this to defeat your ex having a claim then the court can view you as being dishonest. This can go against you and the court in such circumstances can be generous to your ex in financial proceedings.

The reality is that your marriage is a very short one. In cases of short marriages then each party normally takes away from the marriage what they put in. I do hesitate in your case with such an assertion because the asset you have is a large one.

What the court considers is the parties needs. The needs of your children and their need for housing being foremost. I appreciate that London is expensive, so in reality if it is not possible to buy a 3 bedroomed property for the equity you have in the property, then even if the court was to award your ex a share of the equity this wouldnt be realised until the children reach 18.

You also have the post nuptual agreement. I am not sure if you are aware but these are not legally binding on family court Judges when they are considering the matrimonial finances in this Jurisdiction. That being said, courts will and do follow what was agreed in such agreements if they consider it fair. A Judge is more likely to have considered this fair it you fully disclosed to your ex at that time the assets that you had and that you also had independant legal advice in relation to the agreement.

I would suggest that you look to deal with matters asap, whilst your marriage remains a short one. This will work in your favour. You need to refer to mediation before you can make an application to court in relation to the matrimonial finances. It might be worth you considering offering him a small amount at mediation. I say this because if the matter was fully contested at court then you could be looking at around 10-15k in legal fees if you want to be represented. Offering a small amount that he might agree too, could mean that you are able to agree and if you are then a consent order could be submitted to the court when applying for decree absolute in the divorce proceedings. If approved this will become legally binding and prevent him from making a claim in the future.

Please do let me know if I can assist you further

kindest regards

Caroline

Positive feedback is gratefully received

Customer: replied 1 month ago.
Hi Caroline,
Thanks for your answer.
I have few questions here:
1. According to UK law can I transfer the name of the house ownership title deed to my sons who are under 18 or not?
2. We don’t plan to divorce now, I plan this transfer in case of future divorce. And the main purpose is to make sure the asset that I have saved up to go to my sons. For example in case of sudden death, I can be sure their assets are protected and belong to them only as my wish.
I think this is the earnest aspiration of any parent to pass to their children what they have worked up to save in their entire life. And this property is owned by me only. I have the right to sell or give to whoever I want right?
Im not sure why the Court here might look at it as being dishonest?
3. Why there is a difference if the asset is large, each party will not take what they have put in?
4. The house I bought is 650 k and I spent 150 k more to renovate ( no mortgage). We just moved in to this house on October last year ( 3 months ago) . How many percent do you think the Court will order me to give my husband? And why do I have to give ? Is that just because the asset is large as you said?
And please introduce to me a solicitor or are you a solicitor yourself who can help me to deal with this? And please advise the costs.Thanks a lotChung

Hello

Thank you for you response.

In relation to you further questions:

1) I am a Family Solicitor and you need a Wills/Probate/Planning Solicitor to answer that question. I do consider that it would be possible but from my prospective as a family solicitor my concerns what be that if it was transferred to anyone child or not with the prupoe of defeating a claim that your husband might have then this would go against you in financial proceedings pursuant to a divorce.

2) This doesnt change the information that I have previoulsy given you. When you do divorce the court could still consider (and in reality will consider) that you are the owner of the property and not your sons and this it is matrimonial property that should be included in the process. You will not be able to get round this by any transfer that you might make and as previously stated to do so would only make things more difficult for you.

You can make a will to provide for your sons. If you do not make a will and you passed away then your assets would be distributed according to the intestaty rules which would mean that if you were still married then your husband gets the first £250k and all the personal property, the he also gets half of what is left after that and your children get the other half of what is left.

You also need to be aware that if you make a will and leave no provision for your husband the your husband can challenge that will. This basically means that even with a will he can challenge this will and a court will make provision for him.

I appreciate that what I am telling you is not necessarily what you want to hear but it really is what you need to know.

The only way to finalise the matrimonial finances and prevent a future claim is by court order. You can consider a separation agreement if divorce is not yet contemplated but you also need to be aware that such agreements are not legally binding in any future family court judge deciding the matrimonial finances pursuant to divorce, although they can order in line with what was agreed if they consider the same to be fair.

Let me know if I can assist you further

kind regards

Caroline

Positive feedback is gratefully received

sorry only saw the first questions on the post the scrolled down:

3) it makes a difference as there is more to meet need. If there was nothing then he cant claim anything. With a larger estate then he could argue that the needs for you and the children could be met in a smaller property and there would also be sufficent to meet his needs. This is easier to argue with a larger estate.

4) He has a claim because you were married. If you had not married then he wouldnt have had this claim. When you are married it doesnt matter who has paid what like if would if you were unmarried. In relation to amount this is goign to depend on what properties are available in your area to meet you and the childresn needs. If a smaller house could meet your needs for less money then a court might order he gets the other amount for his housing needs. I know this sounds so unfair but I do have to tell you how it is. You do have post nuptual and you should offer very minimal first as your marriage was a short one.

I am a solicitor but this service is for information only but if you tell me your area I will find a solicitor close to you.

kind regards

Caroline

Please kindly remember to rate positively thank you

Hello

I note that this question remains unrated. Your feedback is important to me and I would be grateful if you could kindly rate my help by using the stars so that credit is received for helping you.

If I can assist you any further then please do not hesitate to ask.

kind regards

Caroline

ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 month ago.
Hi. I haven’t got time to read your answer carefully. It takes time for me to understand. I will rate after I read and how do I do it? Cheers
Customer: replied 1 month ago.
Hi Caroline,
Thanks so much for your answer. I have just gone through yours thoroughly and have a question:
What you wrote above: “What the court considers is the parties needs. The needs of your children and their need for housing being foremost. I appreciate that London is expensive, so in reality if it is not possible to buy a 3 bedroomed property for the equity you have in the property, then even if the court was to award your ex a share of the equity this wouldnt be realised until the children reach 18. “ Do I understand it correctly as this:
1. For example the house im living now is*****will order me to sell it and buy a 3 bedroom house worth about 600 k Pounds and use the rest 200 k to buy my husband a small house or apartment and this house will belong to him?
2. In case we cannot find a 3 bed like you said, you meant then he will remain to stay in my house after divorce and I will sell the house when my kids reach 18 to buy him a smaller house then?
Thanks