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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35054
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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My husband and I have agreed to divorce. We want to do it

Customer Question

My husband and I have agreed to divorce. We want to do it with as little disruption as possible to our four children. We own two flats here (Mortgaged in my name) (I am now living at my mothers house) and we own a house in Spain (mortgaged in both names)
We would like to put the properties in the children's names when they are old enough.
Can we make an agreement not to sell the properties but for it to stay as it is. Me renting mine to pay the mortgages and my husband paying the other in Spain in lieu of child maintenance money?
Submitted: 1 year ago.
Category: Family Law
Expert:  Nicola-mod replied 1 year ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 1 year ago.
I would really like an answer before Saturday. It might be suggested that we set up a trust I just wondered if there is another simpler way.
Expert:  Nicola-mod replied 1 year ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How old are he children and can you both afford alternative housing?

Customer: replied 1 year ago.
Children are Girl 14 yrs, Boy 13yrs, Girl 11yrs and boy 3yrs. For the last year I have been living at my mum's house with the children. Husband lives in Spain. I have no siblings, my father died 10 yrs ago so the house will one day be mine. Mum is very happy for us to live there.
Expert:  Clare replied 1 year ago.

What is the value of the properties and how much is outstanding on the mortgages?

Customer: replied 1 year ago.
Value of two flats in UK
£250,000 mortgage is £187,000
£360,000 mortgage is £135,000Value of house in Spain £300,000
Mortgage is £250,000
Expert:  Clare replied 1 year ago.

Is there any reason why you do not wish to simply divide the assets and allow each of you to move on?

Customer: replied 1 year ago.
the flats were bought to provide the children with somewhere to live once they were over 18 years old.
Also, the house in Spain has lost value and currently is very difficult to sell. It makes sense to wait and sell when the prices recover.
Customer: replied 1 year ago.
Hi, I am still waiting for a response to a question I posted at the end of September. Any luck, finding an answer? I would like to gift the Spanish house to my husband and hold onto flats here.hen the children are old enough I will put them in their names. Would a judge disagree? My husband is in agreement.
Expert:  Clare replied 1 year ago.

My apologies for the delay - for some reason your question fell off my list.

You can certainly agree to do this - and there is no reason for the Court to be involved at all.

What you agree is up to you - the Court will only be involved if you ask for a Clean Break Consent Order.

It is fair to say that the Court would not endorse this agreement - but that does not mean that you cannot do it

However you are of course then trusting your ex to transfer the Spanish Property to the children eventually

Please ask if you need further tteails