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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 838
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I am about to get a divorce. We have a holiday home in my wife's

Resolved Question:

I am about to get a divorce. We have a holiday home in my wife's name. she refuses to change to joint names. I can prove that I paid 14k towards the holiday home total cost 21k , prior to us getting married. what do I have to do to register my involvement in the property if she decides to sell.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
There is a set process for dealing with matrimonial finances following the breakdown of a marriage and the issue of divorce proceedings.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your wife need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure - all assets and all liabilities - therefore the caravan will also be included.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs, future care of children etc
You should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim. Claims have been entertained by the courts decades after divorce / separation - so it is important that you deal with things properly.
A Solicitor can help you draft the Consent Order to protect your position for the future. If a consent order is drafted by your wife's solicitor then you should instruct a solicitor to check this over for you - this should only cost circa £200 - £300.
Kind Regards
Caroline
I would be grateful if you could kindly rate my answer. I am new to this service and positive feedback is gratefully received. Please note that we receive no credit for our work and we do not get paid unless positive feedback is received.
Customer: replied 1 year ago.
A very good and straight forward answer been great help.
Expert:  ukfamilysolicitor replied 1 year ago.
You are very welcome. Please do not hesitate to ask if I can assist you again.
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Please kindly remember to rate positively. We only receive credit for our work if positive feedback is received otherwise the site keeps your payment. Ps your question will not close and I can answer your follow up questions for free.
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