As the ex-wife has raised a false domestic violence police statement against my brother and in that case she has , I assume she will pretend to be bullied into handing over the Gold Jewellery. Remember,
if you read her statement as above in my first e-mail to you. She is
stating I have taken it and kept it safe. So indicating in my mind she is indicating that only for safe keeping or otherwise from her point of view.
I suppose she was advised by her family what to say this, so she could put a claim against the assett being hers only and her possession etc.
She is also claiming it is a gift to her from her husband my brother.
She is not stating it is a gift from me because she is trying to get my brother to hand the Gold Jewellery back to her via Financial Divorce Proceedings and at the same time claim it is in my possession etc. Please note this point carefully.
Also during the divorce stages on her 'Form E' she has indicated a lump sum transfer order she wants to claim for the item as there are no other asetts in the marriage and my brother is unemployed and in debt.
Problem with UK Law is that the Judge may view it as a gift from the Husband to the wife as part of the wedding arrangement. This part of the issue I am not sure of. Also they may think I put pressure on her to hand
over the Gold Jewellery because of the loan arrangement with my brother.
Will the UK Law view the Gold Jewellery as her possession - is the Key question ? Or will they view it as my property based on the fact that I
purchased it, with my money etc. This is a bit of a complex area to think
about -please advise carefully as this matter is the most complex part of this case.
I believe she is in the process of commencing a claim shortly at the courts. Ex-wifes claim is that it is part of the wedding arrangement
and so forms like a gift.
Please advise how best to explain to the courts/ judge it was never intended for her to keep the item, until the either my brother had fully
paid me the loan and money he owes me.
Please respond quickly as possible with you view given the time constraints on me as I want to understand where I stand.