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One of my parents transferred assets to me - now they are divorcing and the other wants to set aside the transaction

If your parent transferred assets to you and the other parent is now attempting to set aside that transaction during their divorce, you may be joined to the proceedings.

Under section 37 of the Matrimonial Causes Act 1973, a transfer of property can be set aside if the court is satisfied that it was done to frustrate a matrimonial claim and reduce the pool of assets available for division in the divorce settlement. If you have received property from a parent, it is possible that, during the divorce, the other parent or step-parent might try to set it aside.

To protect your interests, you will need to demonstrate that the transfer was legitimate and not an attempt to circumvent divorce laws. Our expertise in family law at Vardags can assist you in this matter, focusing on presenting the history and context of the transaction to ensure your property is safeguarded.

If you are wrongly joined to the proceedings, it may be possible to recover your legal costs. Our team can guide you through the process of asserting your rights and seeking reimbursement for any undue expenses.

If you require legal support to secure your family assets, click below for a free initial consultation with one of our expert divorce solicitors.

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