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Transfer of Property prior to Joint Petition for Divorce

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asked on Jan 13, 2017 at 23:23
by   xwing88
Hi all,

I'm not sure to post this in Real Property Law or Family Law. I've looked through both sections and could not find a similar issue on property transfer. So here goes:

I have a scenario here that I would like to seek all your advises:
- wife and I decided to call it quits and will fill a joint petition for divorce
- we have a property under both of our names and she agrees (from her lawyer's advice) to transfer her half share to my name under love and affection - to get exemption of RPGT and stamp duty (this is because she is unwilling to pay for anything else)
- i will pay her x amount of money as part of the terms for joint petition filling & also the property
- the joint petition will only be filed after the MOT (love and affection) is finalised

So my question is
- if we transfer the property prior to joint petition and all the exemptions been acquired, would there be consequences post property transfer and post divorce?
- is there a possibility that i would face any problem with the relevant authority in regards to the property in the future?

I would like to consider all consequences before agreeing to proceed with the property transfer.

Thanks and appreciate all your responses and time.
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1 Answers

answered on Jan 13, 2017 at 23:40
by   jeff005
edited Jan 13, 2017 at 23:41
by   jeff005
@ xwing88

if we transfer the property prior to joint petition
My personal opinion is DO NOT do that
What are the exemption you are refering to (i have not own a property before).

is there a possibility that i would face any problem with the relevant authority
Which relevant authority?
From her, down the road, possible problems.

Any children involved?
Is she working?
Did she contributed to paying anything to the property?

What did your Lawyer advise you?
Never, never trust Divorce Lawyers..!! Even your own appointed one.
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