| Author |
 Topic  |
|
|
Steve65
Starting Member
34 Posts |
 Posted - 22 January 2010 : 21:06:47
|
I split from my wife almost 7 years ago (beginning of 2003) and my divorce came through mid 2005. I haven't kept any paperwork but I'm sure I signed the house back to her before the decree Absolute came through, in which case it would be outside the 5 year ruling.
I don't particularly want my ex wife being contacted about this but as the BR forms ask about have I been through any divorce proceedings in the previous 5 years, I will have to be honest about it and answer yes as the Absolute part of the divorce hadn't come through.
Does anyone know if the OR will still be interested in a property I left 7 years ago or is there a way of checking when I came off the mortgage and title deeds without geting in contact with my ex?
I don't think I can wait a few more months to be able to answer the divorce proceedings question, no, which would of course solve this little problem.
|
|
|
Daniel Griffiths
Junior Member
United Kingdom
268 Posts |
Posted - 22 January 2010 : 21:15:32
|
Hi Steve
What was the date of the settlement, and the value of the share you signed over to her, and did you use a firm of solicitors, who could provide you with that date, and more importantly were you insolvent at the time of the settlement, or become insolvent because of it. |
 |
|
|
RHB
Senior Member
1159 Posts |
Posted - 23 January 2010 : 08:54:35
|
| If you have a properly drawn up consent order then that would probably be enough. |
|
|
|
Daniel Griffiths
Junior Member
United Kingdom
268 Posts |
Posted - 23 January 2010 : 09:51:38
|
Hi Steve
This issue is a bit of a minefield at the momment, there are lots of grey area,s to the 5 year rule. There is a case in the system at present where there was a negotiated divorce settlement of a property between a couple. The wife had the property and the ex husband two years later went into voluntary bankruptcy. The trustee has gone after the wife for the share of the gifted property which has ended up in court. The Judge has dismissed the case stating the receiving spouse cannot be aware when the settlement was negotiated that her husband would become insolvent in the following 5 years, however this has gone to appeal. It may be better to wait the full 5 years to be certain. |
|
|
|
Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 23 January 2010 : 12:15:20
|
deficately a very delicate issue and will I am sure procede on a case by case basis.
If the spose knew they were insolvent at the time of the change.....
If the house was transfered in lieu of future benefits such as pension / maintenance etc etc
really suggest you speak to a professional to go through your own individual case carefully
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
Real People ..... Real Debt Solutions |
|
|
|
Steve65
Starting Member
34 Posts |
Posted - 23 January 2010 : 16:24:36
|
She had a Solicitor act for her. I had a free 45 minute consultation with a firm of Solicitors (who ironically, have gone bankrupt themselves) but I wasn't planning to take anything from the property despite being legally entitled to it as she had a young Son from a previous marriage to keep and it was my decision to walk away with nothing. I was solvent at the time and haven't become insolvent because of it. I have no idea how much the property was worth in 2003 (it was bought by her in 1996 & paid £76,000 with 100% mortgage) and I went on the mortgage around 1999, even though I lived there from the day she bought it)
There were no conditions attached to the transfer but I do know that the transfer took place before my divorce and therefore outside the 5 years, I just don't have any paperwork to prove it. I do know the Solicitors she dealt with at the time but they're not going to give me any information as I wasn't their client and I don't want my ex being involved or finding out. If anyone had the dates, they would have them but how would I get them before submitting the paperwork to the BR court?
Can I safely assume that if the transfer took place more than 5 years ago but the divorce, just inside 5 years ago then her house is safe?
|
|
|
|
Daniel Griffiths
Junior Member
United Kingdom
268 Posts |
Posted - 23 January 2010 : 16:58:55
|
| From what you have now said and if it were me I would go forward with some confidence, and answer the questions NONE, |
|
|
|
RHB
Senior Member
1159 Posts |
Posted - 24 January 2010 : 08:45:18
|
| Would the land registry have the date" |
|
|
| |
Topic |
|
Divorced not quite 5 years ago
