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Inheritance

  • attilladahun
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24 Nov 07 #7558 by attilladahun
Reply from attilladahun
The case to rely on is Foster v Foster

In such a case the parties get back what they had before marraige and share the growth during the marriage

This can be displaced as Fiona says if the inherited asset was "used " by the parties it can become a mat asset.

Also can be displaced by "need" -say if W has C and she needs more £ to meet her reasonable hsg needs.

If tho you made the error of putting the house in Joint Names whilst the Crt can adjust the shares the TR1 transfer form after 1998 contains a "Declaration of Trust" section and if held a Tenants in Common the Court will usually follow the declaration.

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