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The transfer was a waste of time because the Revenue could still come after his half of the house for 5 years as it was done to potentially avoid paying tax or having the house sold to pay tax although they couldn’t force sale in all probability you could end up owning a house with the Revenue!
It is the avoidance of Revenue liability which really clouds this. Actually it makes it into thick fog
Assuming the Revenue is out of the equation and he managed to pay all his tax liabilities: a court could look at this in al least 2 completely different ways with no guarantee either way.
1The situation is that the transfer was for potentially fraudulent purposes (to avoid a creditor) and as such it would be treated as if it didn’t happen which means that he would get 50% regardless of what he or you put in (the normal view in cases like this). Or…
2It could refuse to let him have anything for the same reason on the basis that he gave it away for fraudulent reasons (even though no fraud was committed) and therefore he gets £0.
The outcome would depend on how it was argued in court and the view the judge took.
This is a very complex legal issue (although it might not seem like that) and needs to be argued by specialist learned Counsel if it gets to court. It is most certainly not a DiY job.
The first thing I would do is get Counsels opinion (cost £600-£800 plus vat) before wasting money on lots of solicitors correspondence.
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