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Ask Harris Your Own Question
Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2784
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My freinds husband signed the house over to her two years

Customer Question

My freinds husband signed the house over to her two years ago. now she has sold it he thinks he is entitled to a share of the proceeds is this true
Submitted: 2 months ago.
Category: Law
Customer: replied 2 months ago.
sorry it is my friends ex husband
Expert:  Harris replied 2 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are they in England or Wales?

-Have they divorced, if so was there a court approved financial settlement?

Customer: replied 2 months ago.
They live in England, and they separated nine years ago and the decree nisi is through, about 3 weeks to the absoloute, no courts have been involved. The house has now been sold and mortgage paid off. She has put money left into another house with her new partner.
Customer: replied 2 months ago.
Hi Harris
wondered if you got my response to your questions
Colin
Expert:  Harris replied 2 months ago.

Apologies for the delay and thank you for the further information.

Unfortunately, as there has been no financial settlement, the husband can pursue a financial relief claim against her to potentially seek a share of the proceeds, as well as financial relief from the wider finances.

For your information the criteria considered by the court in these matters is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Harris replied 2 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating. You will not be charged for providing a rating.