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ReadyLaw
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Category: Family Law
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This question should be read in conjunction with Order ID:

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Hi. This question should be read in conjunction with Order ID: 28483671-800. Thank youIn respect to the following part from my 2nd message of the Order ID: 28483671-800:"I told her that I am going to sell the property to pay back a huge personal loan and debts I am owning that she is aware about it. Then I sold the property to one family member (with a lower market price) to pay backa good part off my personal and debts loan. The selling self was not then registered in the land registry as the buyer wouldn't pay then the government fees, and instead we signed up a document with witnesses at one accredited solicitor office to ensure and preserve the rights of the buyer. After I gone through a separation with my wife for eight months ago, I required the buyer that we must transfer the property in their name at the land registry to avoid any unwanted matter resulted from this separation may lead them to lose their rights"How the court please would consider this matter?Thank you

Hi, welcome to JA, I am Readylaw one of legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation. I may not respond immediately, this is because I may need a few minutes to read what you shared above, type and respond to you. Feel free to ask any follow up questions as needed until you are satisfied.

Customer: replied 9 days ago.
Thank you for your welcome message. Please take your time and I am awaiting your reply.

Thanks for your enquiry and patience.

Unfortunately I cannot see your previous order/conversation. As such, I will be answering you independently of that previous chat. If I have missed anything then you are free to post a follow up question.

I assume from what you are saying that you have a joint property with your spouse which you sold to a third party, but that the transfer is yet to be done officially. If the wife challenges this, how the court views it will very much depend on the evidence which it has before it. So, if for example the wife alleges that this contract was signed without her knowledge and consent and it was done to evade her being able to make a claim the court may still hold that she is entitled to her interest in the property.

It also will depend on the document that was signed. Whether it says that the property is being held on trust for this third party. In any event the wife would still be entitled to some interest in what was received as proceeds of the sale.

Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 9 days ago.
Thank you for doing your best to reply my inquiry. I do believe that you need to read my previous order to be able fully understanding the situation so you can really give the best reply. Therefore, I am going to re post all the story to your kind attention so you are aware exactly about it. Thank you for your cooperation
Customer: replied 9 days ago.
I and my wife were owning (50/50) a house in Manchester based on that a deposit of approximately 8% was paid off, and the rest of its price was arranged through help to buy scheme and a bank mortgage. Factually it is me who paid the whole deposit and it’s me who did always pay the mortgage monthly from my own income and bank account, therefore my wife’s name was added to the ownership as 50% owner just as an honorary addition for the purposes of honour and appreciation for her.Anyway, in November 2016 we decided to sell this house and to buy instead a property in Jordan. I required my wife then to register the upcoming purchased property in Jordan just in my name because the money that will be paid actually is purely mine, and also because the rule in Jordan is totally different from the UK that allows her family to own at least 25% from her ownership part in the case she is passed away. Of course, she became unhappy at the beginning, but after few days she accepted as she said, "It is your money, and it is your right how to deal with it". But what was happened after so, that I was very busy in the UK with my job and couldn't leave before Feb 2017, therefore we agreed finally to register now whole the property in her name, as she was with kids in Jordan, and when I arrive to Jordan in Feb 2017 to transfer 50% to me,
Customer: replied 9 days ago.
2nd partand I accepted again to let she owns 50% just as an honorary addition for the purposes of honour and appreciation for her. When I arrived at Jordan in Feb 2017, I asked her to do what we agreed about, but she unfortunately rejected to transfer 50% into my name, and later on I discovered that her family, in particular her father and mother, who was behind this and to convince her to keep all property's ownership just in her name. I tried to explain to her this is not fair, and you know that the money was paid is totally and completely mine, and a moral generosity from me was to let you own 50% even the money is mine, so I expected from you to appreciate this thing instead of breaking up our vows and stealing my right. She always answered me, I don't care and would secure myself through keeping this property just for me even by an immoral and legitimate way. She said also "there is not any vows between us from past and now over furthermore, and I break up all vows have been made between us". Then I told her that means we must now go back before the last vow was made between us to give you 50% of the ownership, as you have broken it, and the whole ownership of the property is mine now as it was agreed before you broke our vows. Of course, she refused everything exempt to keep all the property under her ownership.After six months, sadly and frustrating, I discovered that she transferred the property in her mother's name to not let me get or own anything from it under any upcoming scenario may be happening.Anyway, we have gone then through many and many troubles that I need 100 of papers to explain it, but finally she accepted to give me back the property after 15 months of leaving Jordan on Sep 2018 and coming back to live in the UK, her accepting based on that she had always dreamed a nightmare where she always sees herself driving to hell for stealing my right. I asked her to sign up a paper where she declares and confirm that, and to state clearly that this property is mine and no one else has any ownership's right in it else mine under any condition, and all other arrangements were made in the past, unlike that are stated now in this document, were immoral, illegal, and legitimately. She did sign this document and I still have an electronic copy of it as I returned the original hard copy to her after she transferred the property into my name.In Dec 2019, she transferred the property from her mam's name to her name, and following from her name to my name. Then I told her that I may sell the property to pay back a huge personal loan and debts I am owning that she is aware about it. Then I sold the property to one family member (with a lower market price) to pay back a good part off my personal and debts loan. The selling self was not then registered in the land registry as the buyer wouldn't pay then the government fees, and instead we signed up a document with witnesses at one accredited solicitor office to ensure and preserve the rights of the buyer.After I gone through a separation with my wife for eight months ago, I required the buyer that we must transfer the property in their name at the land registry to avoid any unwanted matter resulted from this separation may lead them to lose their rights.Here is, honestly, what exactly happened. Could you advise please based on this actual fully scenario?I'm so sorry for the prolongation

Kindly clarify in very simple language the following for me:

1. Is this property in Jordan?

2. Is the property completely in your name?

I have to step away from the system. I will however respond once you have provided the information requested.

Essentially I am trying to ascertain what exactly is the problem. I have read the back gorund information, I however want to know clearly where the property currently is. Whose name it is in and what exactly is of concern to you.

Customer: replied 9 days ago.
Many thanks for your care in reply and to understand fully exactly the case. Replying to your request:
1) Yes, the property currently in Jordan.
2) Yes, the property completely in my name.
3) My concern is how the court here in England (Where the divorce and financial orders applications are under dealing with) would consider the assets matter of this property?

The starting point is that matrimonial properties are treated as jointly owned. This means therefore that any assets at the time of the divorce is divided equally between the parties, unless of course, reason can be shown for things to be dealt with differently. This is also the position even if the asset is solely in the name of one of the parties. So for example in your case, the house being solely in your name.

Now the issue with this property is that although there is an agreement for sale, the property has not in effect been transferred because the registration has not yet been done. This really can be viewed in two ways. The first is that you are holding the property on trust for the family member or that the sale is yet to be completed.

If the sale has been completed, and you are deemed to be holding the property on trust for the family member, she could ask for a percentage of the amount you would have sold the property for. She would have in effect been entitled to a share in that. On the alternative position she could argue that she is entitled to a share in the current value of the property. The other argument which she may raise is that your assertion that the property was sold to a family member is all part of a ploy by you to avoid her being able to make a claim in relation to the property.

The above are all considerations. i cannot say definitively how the court will rule as it depends largely on the evidence that is presented.

You may want to also enquire from a lawyer in Jordan as to whether an order made by a UK court in relation to the property can be enforced in Jordan. I do not know whether there is any issue with respect to the jurisdiction of the court in the UK.

Customer: replied 8 days ago.
Many thanks for your fully answering. I am going to discuss fully assets history beyond just this property with you kindly in a new threads. Thank you

You are welcome. All the best.

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