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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8332
Experience:  Barrister at law
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I'm a UK citizen who lives in Canada, my wife is filing for

Customer Question

I'm a UK citizen who lives in Canada, my wife is filing for divorce, we have been separated for a while now we have a child and own a house, we have had discussions about my potion of the property is for my son who is still under her care. Recently she asked me to take me name off the deed, I ask for some agreement between us that my portion will be secured for my son, which she refuses.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No, I Recently received a email from her lawyer with a divorce potion not yet filled
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: In Croydon, her lawyer is in Tunbridge wells
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I tried to have a discussion with her to try and fix the issue of sharing the property but no good response, I take care of my child base on the arrangement we have in place, I did file for both of them to come here but she refused. I have no problem with going through with the divorce, my potion of the property is for my son and would like that to be protected somehow
Submitted: 21 days ago.
Category: Family Law
Expert:  plclegal replied 20 days ago.

Good evening.

My name is ***** ***** I specialise in family law. I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

Expert:  plclegal replied 20 days ago.

Thanks for your patience. There's no presumption that upon divorce, a spouse's assets will transfer to their child under UK law. Normally the courts are only concerned with making sure each spouse has fair financial provision, which includes making sure there is enough for them to look after their children.

If you are effectively seeking nothing from the financial settlement or seeking to donate your share to your child, then perhaps you are going about this the wrong way. If the court awards you the retention of a share of the property, it's then yours to do what you wish with. This could be one option.

Another could be a declaration of trust, with you both acting as trustees for your son (as beneficiary) to effectively be assigned your share of the matrimonial asset.

Your proposition isn't unreasonable, but obviously needs careful thought as to how it can be managed as the court won't want to tie your wife into a specific property for the remainder of your son's minority by way of this proposal.

So as things stand, you don't have to agree to coming off the deeds. You can stick to your guns and wait out the process as it progresses through court and gets in front of a judge.

I trust that this answers your question? Can I assist you further today?

Expert:  plclegal replied 20 days ago.

I didn't hear from you, but I trust that the information provided was of assistance.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.