The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Can you help with this conundrum??

  • fade2gray
  • fade2gray's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
02 Oct 08 #52922 by fade2gray
Topic started by fade2gray
Hi,
I will try to explain this situation as I see it.

An ex and myself bought a property in France (cost 120k)and put it 75% in my name and 25% in his on the understanding that on our demise it would be left entirely to my only child. He has three.

But this is impossible under french inheritancy laws which state property must be left to the owner/s child/children.

Negotiating with his children is not an option. One is in Australia and my ex and his kids are not talking because of nasty fights over previous wills. We still have a good relationship and he is close to my child and not on speaking terms with his own so this is what we both want.

*It was bought 2 years ago for 120k and now (it makes the maths easier!) worth approx 140k.
*If he transfered his 25% to my child as a gift I imagine a notary would take 2% of this because it is what is done when buying a property. (meant to take 1.something but if English it seems to be 2%) That would equal 7k on the 25%!
*Capital gains tax which must be paid if a property is sold within 10 years. I assume the profit on the 25% which equals 5k would be reduced by 1/5 since 1/5 of the 10 year period has passed which creates a lovely charge of 4k.
*Solicitors fees=1k?
*Translator=£500?

A grand total of 12.5k to transfer a quarter of a property with no cash between ourselves taking place!

Am I being pessimistic?
May I say in my defence that I am trying to learn french, am making an effort to gather information and am off to France soon where I will continue in this quest.

Do you think my guess at the cost is correct!! AAAgh...Help

  • fade2gray
  • fade2gray's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
04 Oct 08 #53491 by fade2gray
Reply from fade2gray
I have decided to reply to myself:
Don't be silly, how could it cost that much!!!
If no cash is exchanged no notarys fees :-)
And as for capital gains tax...only have to worry about that if amount is over 50k.
As long as you can say 'ca va' (how are you) no need for a translator.
In fact it will all be so simple that the solicitor will probably waver the fee and offer you a glass of champagne instead :-)
Will cost nothing

  • phoenix2b
  • phoenix2b's Avatar
  • Junior Member
  • Junior Member
More
15 Oct 08 #56740 by phoenix2b
Reply from phoenix2b
In Uk tax law- you can gift £*7000* per annum (I think)so long as you live a further XX years after the gifting- it is then excempt from inheritance taxes.
Capital gains is only when an item is SOLD-so your child would/could be liable if & when she sold- the sum would be based on his/her profit from aqquistaion to disposal-
so if her value of share at todays rate is £25000, but her percentage share is valued at £50,000 when she sells-she would pay Capital gains on £25,000 profit.
Tax laws differ but are on the same basis.
So it would-depending on her age, be better to gift it to her, over the years. Or sell it to her when she is 18-but take no cash for it-just ask her to pay your partners capital gains tax.
Inheritance tax is possible payable on demise
Capital gains is payable on disposal- unless of course it becomes her main and prinicpal home?
Hope this helps some

  • Alive_in_the_water
  • Alive_in_the_water's Avatar
  • User is blocked
  • User is blocked
More
15 Oct 08 #56763 by Alive_in_the_water
Reply from Alive_in_the_water
Sell it to your child now for one euro on the condition that you have full use of it until the day you die.

That'll be 300 euros please :):):)

  • fade2gray
  • fade2gray's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
24 Feb 09 #92364 by fade2gray
Reply from fade2gray
"Sell it to your child now for one euro on the condition that you have full use of it until the day you die."

Oh how I wish that answer could be true :unsure:

Have been on the case about this all day.

If the property is worth 140k it will cost 26.6k to gift it to my daughter.

If loopholes (well, there are none). I shall rephrase. If we are a little bit 'loose with the exact truth', could possibly get away with 2,600 costs. If we don't all get arrested for fraud.

Just can't sleep!

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.