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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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My daughter is about to leave her abusive husband and I

Resolved Question:

My daughter is about to leave her abusive husband and I could give her money to buy a small house. Is there any way I could protect it so that her husband couldn't claim a half share when the divorce goes through? He is always in debt and very irresponsible with money having had a lot from me in the past. I could put it in my name or perhaps some sort of trust maybe?? Would appreciate your advice. Mary Whelan
Submitted: 8 months ago.
Category: Law
Expert:  F E Smith replied 8 months ago.

Does she need a mortgage or would you be buying the house out right?

Customer: replied 8 months ago.
We would be buying outright
Customer: replied 8 months ago.
I am taking equity release to help her
Expert:  F E Smith replied 8 months ago.

Thank you.

I suggest that you buy the property, in the short term, in your name only and you then “rent” the property to your daughter.

It’s much cleaner and easier that way and then, when the divorce is finalised and all the finances are resolved, you can transfer the property to your daughter for no consideration/love and affection and hence, there would be no stamp duty payable on the transfer.

If the property is in your daughter’s name, and there is a deed of trust, he can start to allege the invalid city of the deed of trust as a way of avoiding him getting any share of the property.

If the property was bought after they split up, he has much less chance of getting his hands on it but it’s better not to have the argument in the first place and of if the property is your “investment property” there is no argument to be had.

You could put it in her name but then have a legal charge in respect of the money whereby if the property is sold, you get repaid but that’s open to challenge. Difficult to challenge but nonetheless better not to have the argument.

If you have other children, make sure that you note in your will, that this property goes to your daughter and explain the reason why.

Can I clarify anything for you?

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Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8976
Experience: I have been practising for 30 years.
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Customer: replied 8 months ago.
Thank you that's ver helpful

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