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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34903
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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We are talking about two properties which will be held in my

Customer Question

We are talking about two properties which will be held in my wife`s name.
I`m seeking to ensure that neither property can be disposed of, mortgaged or let without my agreement and that in the event that my soon to be ex wife should pre-decease me that the
properties will revert to me. In the event that she wishes to dispose of either or both properties at some point in the future in order to purchase an alternative property with my agreement the same conditions would apply.
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
This is a highly unusual agreement and it would help ut you could explain what the thinking behind it is?
Expert:  Clare replied 4 years ago.
It is easier if we keep it on one thread (and cheaper for you)
One of the properties is already held in my wife`s sole name as i transferred ownership to her some 3/4 months ago. The other is our matrimonial home which we own jointly but I want to give my half to my wife subject to the agreement mentioned in my original question. Although we have not yet settled any arrangement i suppose that technically the answer to your question is yes.
The only way that this can be achieved is by way of Consent Order within divorce proceedings.
It will have to be a Consent Order as there is no way that a Court would order this and indeed unless you are bothy legally represented even with a Consent Order it is highly likely that the Judge will wish to see you before making the order
The Property Law side will have to be dealt with by way of Declarations of Trust
I hope that this is of assistance - please ask (on this thread) if you need further details