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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10260
Experience:  30 years as a practising solicitor.
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All my cases now have gone to the court of session. I need

Resolved Question:

All my cases now have gone to the court of session. I need to ask you a question going back to 2010 at that time the companies cash assets were held in my personal bank account via a trust agreement held on behalf for my daughter who was the company 100% shareholder. You may recall my ex wife cajoled me to transferring all of the money into her personal account before she left. I managed to transfer it all. Back into my daughters account .however you may recall after an 18 months proceeds of crime investigation the money after being frozen by court order was returned to my daughter as they confirmed where the money had came from and confirmed it was the companies money. Now at the court of session , at another reclaiming motion an offshore company, the appeal court asked where the money has gone as no one apparently knew. They left the appeal upheld , dismissed the offshore company from the action of divorce. My question is if the money was transferred back to the rightful owner in 2010 . ie: my daughter , who has used the capital elsewhere . Can this capital be retaken back from my daughter ? will she become part of the divorce action ? she no longer has any capital as it was all invested. Can they freeze her assets as they did before she lives in England where the company was registered

Submitted: 11 months ago.
Category: Scots Law
Expert:  JGM replied 11 months ago.
Thank you for your question.
It would have to be established that the funds were marital assets at the relevant time. As I recall the situation the money was in your bank account because you were afraid that your wife was going to run off with the money and you took it from her account into yours for safekeeping.
That doesn't mean that the funds were yours, only that you have the funds. If the funds were actually held in trust for your daughter and she got the funds then evidence of the trust should be sufficient to resist any attempt to arrest the funds.
I hope I have the right recollection here. Happy to discuss.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10260
Experience: 30 years as a practising solicitor.
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