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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35076
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 SIGNED OVER OUR PROPERTY TO ME ON 16 JANUARY

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MY HUSBAND SIGNED OVER OUR PROPERTY TO ME ON 16 JANUARY 2016. IN THE LAST 3 MONTHS HE HAS HAD A COUNTY COURT CLAIM FOR A LARGE AMOUNT OF MONEY AGAINST HIM. IF HE LOOSES THE CASE CAN THE CLAIMANT GET A CHARGE ON MY PROPERTY. IT WAS ALL REGISTERED ON HMLR

My name is Clare

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

Why was the property signed over to you?

Customer: replied 21 days ago.
My husband has a troublesome daughter from his first marriage and he was concerned that she would try to make a claim for his part of the property if he passed away. He has been diagnosed with an abdominal aortic aneurysm.

It would not be necessary to transfer it to you to protect against that.

Was he aware of this possible claim at the time?

Customer: replied 21 days ago.
No he had no idea. He and the guy were friends and work colleagues. They had worked on several projects together without any problems.

How much is the property worth and how much is outstanding on the mortgage?

How did the potential debt arise?

Customer: replied 20 days ago.
The property is worth 340,000.
There is no mortgage
My husband took a contract to strip out a large building (he is a demolition contractor) we were working as a limited company when he employed the claimant to provide labour and in the first instance strip 4 floors at an agreed amount for which he paid cash. The agreement was verbally done between them . After the initial four floors were completed it was ascertained that a lot of scrap was coming out of the building and the claimant wanted to continue working on the project on the basis that scrap would be the payment. He went on to complete 22 floors on this basis. At the tail end of the job he then took it upon himself to start work in a set of retail units which were a separate contract for us. He insisted that the work was worth double the contract price. My husband paid him the amount we had received and he once again had the scrap value. Things settled between them until last year when the claimant who at this point had no work began asking my husband for money. They argued and he threatened to send people to our home to collect the money he claimed we owed. Then on 7 August last year three men came to my home threatened me and my family telling me that I owed 75000 to Ray. They said I could give them £20000 and they would go away. I then had threatening at the door, text messages and phone calls. Sussex Police subsequently arrested two of the three along with the claimant. The claimant was released as they had no solid evidence against him but the two others were put into prison for conspiracy to blackmail and criminal damage for 3 and a half years. It was after this that we received a solicitor letter once again claiming outrageous amount and then a county court letter which is due to go to court on 20 April

When was the work on the large building started?

Customer: replied 18 days ago.
Around beginning of 2013

Ah.

So it could be argued he was aware of the potential claim at the time of the transfer?

Customer: replied 15 days ago.
There was no way that he knew about this claim
Customer: replied 15 days ago.
When we were working on this project my husband was director of the limited company so should this not have been made as a claim against the company not my husband personally?
Customer: replied 10 days ago.
Despite candid conversation I still have not been able to ascertain a divinitive answer despite being charged for this service

My apologies I had not seen your reply.

The problem that you face is that the reason given for the transfer doe snot make any sense under property law.

If the property had remained in joint names as beneficial Joint Tenants it would have passed to you automatically in the event of your husband's death.

This will automatically raise the suspicion that it was done to try and avoid potential creditors.

This will only be a problem if a Creditor petitions for your husband to be made bankrupt as the Trustee in Bankruptcy can apply to have the Transfer set aside.

Having said that it appears from what you have said that your husband may well have a defence to this claim which makes the issue less of a problem.

Please ask if you need further details

Clare and other Family Law Specialists are ready to help you