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Category: Law
Satisfied Customers: 335
Experience:  Expert
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My husband has filed for divorce.we have been married 24

Customer Question

My husband has filed for divorce.we have been married 24 parents gave me a rental property in my name only can he get a share of it
JA: What steps has your husband taken? Has he filed any papers in family court?
Customer: Yes
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your husband live in?
Customer: Newcastle
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 14 days ago.
Category: Law
Expert:  JeremyT1020 replied 14 days ago.
Good evening and thank you for your question. I'm a solicitor specialising in divorce, separation and financial matters. I'd be happy to offer some guidance but, first and foremost, when did your parents give you the rental property? Thanks, J
Customer: replied 14 days ago.
17 years ago
Expert:  JeremyT1020 replied 14 days ago.
In that case, I'm afraid that the rental property would likely be seen as a matrimonial asset and your husband could receive a share of it upon divorce. How much will depend upon a number of different factors but the starting point is a 50:50 split of the assets.
Customer: replied 14 days ago.
But if it was only in my name and my parents and a thing on it that it can't be sold they did all this through a lawyer so if anything happen he couldn't touch it
Expert:  JeremyT1020 replied 14 days ago.
In your original question, you said the property was in your name. If you bring any asset into a marriage and that marriage lasts a long time, that asset will be classified as matrimonial property upon divorce. If your husband signed some sort of post-nuptial agreement which was regularly reviewed and updated over 17 years, I suppose you could argue that the asset should be excluded from the matrimonial pot. I'm not sure if that's the sort of legal agreement your parents got you and your husband to sign?
Customer: replied 4 days ago.
I just need to know what papers I need to fill in for what I want of of my husband for financial
Expert:  JeremyT1020 replied 4 days ago.
You'd need to complete a Form A if you want to make an application to court for a financial remedy order. Here is the link:
Expert:  JeremyT1020 replied 4 days ago.
Once the court have received your application and listed it for a hearing, you and your husband will have to complete (and exchange with each other) a Form E each.
Expert:  JeremyT1020 replied 4 days ago.
You also send a copy of your completed Form E to the court.
Expert:  JeremyT1020 replied 4 days ago.
The whole idea of exchanging Forms E is so you can get an idea of how much the entire matrimonial assets are worth. You can ask further questions or request additional information - it's all part of having "full and frank" disclosure before you attend the hearing.
Expert:  JeremyT1020 replied 4 days ago.
The judge will encourage you to negotiate and may even make a suggestion about what a suitable settlement is at the hearing.
Customer: replied 3 days ago.
Iv already sent an e form the judge has asked for a financial form and to fill out a questionnaire form?
Customer: replied 3 days ago.
Sorry I didn't see your answer above.its just the questionnaire I don't understand.
Customer: replied 3 days ago.
Could you tell me what a divirce questionnaire is please