Married Grandaughter And Her Estranged Husbands Rights

johnk | 18:35 Sun 11th Mar 2018 | Law

8 Answers

My Grandaughter plit form her husband 4 years ago when he walked out on her. She now wants to buy a house so can the husband decide to get a divorce and claim half the house as part of a divorce settlement?

Beneficiary Query.

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Islay

Is she using any joint assets to buy it?

johnk

Question Author

No they had no assets at all. I'm lending her the money for the deposit and legal fees etc

Islay

I would say in that case as long as she can prove that the money came from you that he would have no case to try and get part of her house.
Bit why not consult a lawyer it should just take 1 appointment and would put your mind at rest.

Tilly2

Why doesn't she divorce him and get it sorted out?

johnk

Question Author

Islay I agree, that's what I would really like her to do.

johnk

Question Author

Tilly because she's found an ideal house and wants buy it now.

Peter Pedant

er well if it is your money
then Dyer v Dyer 1788 ( yes that was 1788!) comes into play and you are protected

https://en.wikipedia.org/wiki/Dyer_v_Dyer

your giving her the money comes under - purchase of a house in the name of another ....

Barmaid may be along to give chapter and verse

[funnily enough I have used Dyer v Dyer to show I owned a house and not Mr X, and the lawyers involved just said 'yes' - there are tax implications ... - you own two houses and not one and so CGT would be payable on sale - but that is not the question you asked ....]

johnk

Question Author

Thanks PP, CGT is something else to think about, I doubt if she will sell the house in my lifetime. Seeing a solicitor this afternoon.

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