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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14077
Experience:  I have been practising for 30 years.
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I have been served a property adjustment order as I have a

Customer Question

I have been served a property adjustment order as I have a shared interest in a property with my father and he is being divorced. His ex-wife is seeking property adjustment in respect of the shared property. I must advise the court if I intend to intervene. How do I go about this?
Assistant: Where are you? It matters because laws vary by location.
Customer: England
Assistant: What steps have you taken so far?
Customer: None
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: The property was throughout the marriage ring-fenced as a separate concern between my father and I and that it would not be considered part of any joint matrimonial ownership.
Submitted: 9 days ago.
Category: Law
Expert:  F E Smith replied 9 days ago.

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore I maybe delayed in replying.

how long were they together and married in total?

did she know about this order before divorce?

how was it ring-fenced?

Customer: replied 8 days ago.
I believe they were married for a total of 7 years approximately.
She is the one seeking the order however she was aware of the ringfence before the divorce and before the marriage... She has conceded this during the first appointment hearing.
It was ring-fenced verbally but I believe also in my father's will.
Expert:  F E Smith replied 8 days ago.

How long has the property been in joint names with you and your father? If he lived in it with his wife, why was your name on it?

 

Is there a mortgage, and is the mortgage in joint names?

 

How long were they together before they got married?

Customer: replied 8 days ago.
You are making assumptions... The property is rented out. My father has not lived there in the last 40 years. It is not and never has been a matrimonial home.
Please first, answer my initial question... How do I notify the court of my intention to intervene?
Expert:  F E Smith replied 8 days ago.

I’m not convinced you are doing the right thing because I don’t have enough information to give you an informed answer but as you just want the answer to that question, you complete form D 11 to become an intervenor