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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 4083
Experience:  Freelance Solicitor at Self Employed
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Transfer of equity, England, 5 years ago i did one and now

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Transfer of equity
JA: Where is this? It matters because laws vary by location.
Customer: England
JA: What steps have been taken so far?
Customer: 5 years ago i did one and now my ex wants a share in the property ..again
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
Customer: replied 9 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 9 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today. Please note, Just Answer is an information sharing platform in a Q/A format and does not provide legal representation in any form and as such no legal lawyer/client relationship is formed.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

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I will go through your question and will get back to you with my answer shortly.

Hi there,

Could you please confirm if you and your Ex were married or in a civil partnership and has now divorced?

Customer: replied 9 days ago.
we are now divorced
were married

If this was clean break  divorce or with consent orders ?

Customer: replied 9 days ago.
We amicably entered into a separation agrement but never had a clean break or consent order

without the clean break /consent orders, your ex can still claim money from you  even after your divorce.

Customer: replied 9 days ago.
now 5 years later she is asking for half the house she was already paid out on

So you entered financial settlement amicably ?

Customer: replied 9 days ago.
I downloaded a seperation prescedent and used this to document a seperation agreement
Customer: replied 9 days ago.
this documented the division of assets
Customer: replied 9 days ago.
the transfer of the house
Customer: replied 9 days ago.
childcare arrangements
Customer: replied 9 days ago.
its been fine for 5 years, Transfer of the house was done legally with solicitors independent on both sides
Customer: replied 9 days ago.
now she is saying she doesnt think it was fair 5 years later and is saying she wants half the house again
Customer: replied 9 days ago.
she has gone through a solicitor and I have had to fill in a form E
Customer: replied 9 days ago.
to revisit finances

Though there was no consent orders but this agreement is like any civil agreement and both parties are bound by the agreement entered .

You can use this agreement as your defence and confirmation of giving your EX her share .

Customer: replied 9 days ago.
I initially said no as we had already agreed and settled, then her solicititor applied for a financial remedy order and now i have been ordered to complete form e and re enter financial negotiations

By not getting consent orders /clean break divorce, you have exposed yourself to these claims by your ex.

As you have not cut the financial ties with your ex. Your ex  can still ask for spousal maintenance and can still have equitable claim over the matrimonial assets.

I think you are better off getting legal representation here.

for defending yourself in the court

Customer: replied 9 days ago.
My main concearn is legally where do i stand on the ex home. Both had legal advice through independent solicitors and now she is saying she was manipulated and forced and is now saying she wants to revist the transfer and wants her fair share
Customer: replied 9 days ago.
please see attached TR1
Customer: replied 9 days ago.
sorry to clarify, in your above message you say she is bound by the agreement, but on the other hand you say she may have an equitable interest?
Customer: replied 9 days ago.
what is the purpose of the transfer of equity agrement TR1 and signing over your rights to something if you can still claim against it 5 years later. Surely this is not right?

sorry to clarify, in your above message you say she is bound by the agreement, but on the other hand you say she may have an equitable interest?

Yes, as this would be mere breach of contract , and you have remedy in the civil court for breach of the contract /specific performance of the contract.

But your wife has claim against you in the family court re- matrimonial assets

I hope this is clear.

Customer: replied 9 days ago.
ok, i get that but the house cannot be classed as a matrimonial assett surely if she signed over her interest n it and received her lump sum in exchange.

Yes, but as you mentioned above as she ahs alleged she was manipulated and forced , thus revisiting the share , so it is still possible as as per her allegation that was not fair share .

Customer: replied 9 days ago.
It was a fare 50% share 5 years ago as per the market value. She is claiming now she was forced which is lies and surely cannot stand up where she had her own legal representation. My question still stands, the Tr1 is a legal document of transfer. How can she have half of something she already had half of?

the Tr1 is a legal document of transfer

Yes, If entered with free will.

No, if the person come back and says he/she was not fit state of mind when they signed or were forced or coerced into entering it.

The onus is on her to prove how she was manipulated previously.

I hope this is clear.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.

Customer: replied 9 days ago.
thank you

Most welcome.

Customer: replied 9 days ago.
are you still avaialble to answer a further question?

I am about to sign- off for the day.

However, if you have any questions in future then you can get in touch by opening up a new post/question and FAO: Vineet S and I will be happy to help.

Thank you. Best wishes.

Vineet S and other Law Specialists are ready to help you
Customer: replied 9 days ago.
I have a pension pot that she is also now claiming she wants half of. If this were to go to court, how do they look at pensions? I had this pension years before meeting her and 60% of the pot was built up before marriage. We were only married for 2 years.

Enjoy the rest of your day. Best wishes.

Customer: replied 9 days ago.
are other advisers online and avaialble?
Hi there,

You can post the question about the pension pot and to know what other assets your ex can claim from you, please post this as a new question post by opening up a new post/question and FAO: Vineet S and I will be happy to help.

Thank you. Best wishes.