Case Study: Divorce - Family Home Ownership

SB Lawyers successfully represented a wife in contested financial proceedings arising from the breakdown of her marriage. The case presented a challenge due to the unusual ownership structure of the marital home, which had been transferred to a third party before the marriage.

The situation and challenge

Our client entered the divorce proceedings with no assets of her own. The situation was complicated by the fact that the marital home was not legally owned by her husband at the time of the divorce.

Prior to the marriage, the husband had transferred ownership of the family home to a third party. The husband argued that this transfer meant the property should be excluded from the division of marital assets. This presented a significant obstacle to securing a fair settlement for our client.

Our approach as divorce solicitors

SB Lawyers argued that the property was held on trust for the husband, meaning he retained beneficial ownership and control despite the legal title being in a third party's name.

We further strengthened our position by presenting evidence of our client's substantial contributions to the family home, demonstrating her equitable interest in the property.

To fully address the ownership issue, we involved the third party as an intervenor in the proceedings. This allowed us to clarify their role in relation to the asset and rigorously test the husband's claims.

The outcome and impact

After extensive negotiations, a settlement was reached before trial. The agreement resulted in the transfer of the property into our client’s sole name, securing her a clear and direct interest in the home she had helped build and maintain.

This was an incredibly stressful time for our client, who faced the potential loss of her home. The successful settlement provided her with security and stability as she moved forward after the divorce.

At SB Lawyers, we understand the emotional and financial challenges of divorce and are committed to fighting for our clients' best interests, even in the most complex circumstances.