Thank you. He was self employed and owed the taxman a huge amount plus he wasn't able to pay his half of the mortgage.He was worried that the tax man would take his half of the property. I earn much more than him and able to take on the mortgage.He didn't want the stress/responsibility of a mortgage so he was happy to sign it over to me. We have no children .I didn't pay him anything, he doesn't contribute to my motrgage , he buys the shopping and pays the electric ,gas, water.
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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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I am offline shortly until later tomorrow and will pick this up then if needed
He has since paid all his debt to the tax man so that is no longer an issue. He seems to think that he can claim money from the house when we separate.