Divorce/property

gfm198

Hi



I married 18 months ago, and things were not right to put it mildly!!



Knowing a divorce may be immenent, I transferred my marrietal home (which was in my name) and my other property to a family member that I could trust. This was a year ago.



She now wants a divorce.



Does anyone know if she would be entitled to these properties even though they have been in some elses name for a year?

We have a one year old child



Thanks

RAS

Usually a marriage lasting less than 2 years means that the courts return each party to the situation in which they were prior to marriage. So you really really do need to get on the net, download the court papers and get the deed done pronto.

However with a child matters can be nore complicated.

Do the divorce DIY and it cost £380 ish plus £60 ish for the absolute.

Get a solicitor's advice (or two) on what she would get if the financial settlement went to court. Then try to negoitiate yourselves but get the whole thing written up by the lawyers.

Are you paying CSA (15% of your salary)?

paddedjohn

Depending on the size of your house she may be able to stay there until your child grows up

bouicca21

Housing your child will be the court's priority - and should be yours. The courts will penalise you.

gfm198

We are still together living under same roof. So not paying CSA.

Surely if the house is not mine how can the court award her to live in the house until the child grows up?

Is the a time cut off period. i.e. is 12 months ago not long enough yet.

Child is also my priority.

Thanks

bouicca21

Judges arenot nearly as stupid as you seem to think. You will be shown as having disposed of assets in order to deprive your wife and child of a home. You will be in deep doodoos and frankly you will deserve all you get.

xylophone

"transferred the marital home and other assets to a relative I could trust"

I can see problems here..... did you take legal advice?
I think you'll be needing it now?

AMO

With marriage being such short term, there is some argument to no access to each others posessions.

With a child, the primary factor will be to ensure that both parents pay for the child's needs.

With transferring assets to other family members, the court will conclude that your word will not be taken above your wife's if in situations where your word is against hers as you have demonstrated ill will.

The whole point of a divorce is fairness to all parties.

I would strongly recommend that you at least transfer the marital home back under your name. With the other property, you should really make it joint custody with your other family member - if you REALLY must, you need to make it look like it partly belonged to them and so you were doing what's right by them.

I understand totally when people get married and then divorce after a short / semi-short time. I know of one person who got married and then his partner got him to sell his batchelor pad and buy an expensive house and then got him to buy her a car and then filed for divorce. This was when she started being less happy after a couple of years marriage. It could be seen as her scheming.

However, the problem you have is that:
1) You have demonstrated ill intent.
2) Your circumstances are different in that you have a child.

I think that if you're not nice to your wife, you're going to get hammered really badly given your choice of actions.

Debt_Free_Chick

Court is not likely to be persuaded that the marital home belongs to another person if there's no tenancy agreement or evidence of rent being paid.

Strongly suggest you don't stick to this story, as the Court is unlikely to be favourable towards you and you could swell get in to a whole load of other trouble!

Have you given any thought as to how you're going to provide for your child?

gfm198

Well, after being married for only 6 months, whenever we had arguments she would end up threatening to divorce me and take all my money!!

The arguments revolved around me seeing my two young children from previos relationship. She did not want me to spend much time with them and I did.

Is this not ill intent???

So the only thing I thought I could do is transfers my properties to a family member then if divorce ever came up she would not have a leg to stand on and my future inheritance to my children would remain intact.

Surely there is a time that the courts would ignor the fact that I transferred the properties because I actually wanted to??

I can hang out the divorce longer to achieve this.

Is there anything else I could do i.e. put the properties in trust to my children or something.

It's only them that I care about and dont want to see there inheritance disappear.

Any sound advice would really be appreciated.

CLAPTON

see a solicitor and stop being a fool