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SS Legal Advisor
SS Legal Advisor, Lawyer
Category: Family Law
Satisfied Customers: 762
Experience:  Senior Caseworker at DL Solicitors
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If i am applying for a divorce, do i have any rights over my

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If i am applying for a divorce, do i have any rights over my husbands parents assetts? Or only his? He has nothing in his name
Hello,
I am an experienced legal advisor and I am happy to answer your question.Normally it will only be his assets and earnings that would be considered when the court assess finances but if he has transferred assets or put assets in his parents name as a way of preventing you from getting anything from them, then the court has the power to undo those transactions or consider them when assessing the finances.
If you feel that is the case you would need to first speak with him to try and make an agreement and failing that apply to the court for those assets to be included.I hope that makes sense.Kind regards
S
Customer: replied 7 months ago.
that does make sense thanks. What if I am applying for an annulment. If the annulment is granted can i apply for a property adjustment order? We own one property jointly but he has never lived there or contributed
it is possible to apply for a financial settlement when getting an annulment when there are matrimonial assets.So you can apply for a property adjustment order and submit all the evidence as to why it should be put in your name but the court will consider l the circumstances including both financial positions of either party.Kind regards
S
Customer: replied 7 months ago.
Great thank. I selected the property adjustment order option on my annulment application;
1. Will they get back to me about this or advise what the next steps are?
2. Will this only be an option after the annulment is approved?
3. I am earning more money than him, is this likely to detriment me even though i contributed practically all of the money? If anything, i think he is unemployed.
4. Will they also consider that he is and has always lived at his parents house, whereas the property is my sole address and i would be forced to find somewhere else to live and all my investment went into this property which now has very minimal equity.
1. They will notify him and then get back to you with next steps. If the order is contested you will both be given an opportunity to make your arguments.
2. Yes because if it is refused then it will form part of the divorce proceedings.3. It might be to your detriment but this will depend on the circumstances of your marriage. The court will adhere to the clean break principle so if your marriage was short you would be more likely to take away from the marriage what you brought in.4. Yes they would consider that but the idea will be to ensure that both parties can reasonably continue their lives outside the marriage.Kind regards
S
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