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Ask Clare Your Own Question
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34105
Experience:  family solictor with 25 years experience
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UK barrister or solicitor only please

Customer Question

UK barrister or solicitor only. Please do not take this ticket if you are US based.


the subject I need advice on concerns trust funds in divorce.

Submitted: 4 years ago.
Category: UK Law
Expert:  Clare replied 4 years ago.
Thank you for your query
I will be happy to try and assist you if you wish to ask a specific question
Customer: replied 4 years ago.

Hi Claire, before we get into details can I just check you aren't representing my ex wife!


do you practice from offices in Bromley?

Expert:  Clare replied 4 years ago.
What a sensible question - and no not Bromley or anywhere even close to it!
Customer: replied 4 years ago.

ok good. This is the end of an 18 year marriage with 2 further years of cohabiting


in 2005 my father in law died. He left 50% of the house in trust to his 3 children. His wife lives on in the house. This trust has never been referred to by my wife and wasn't brought up during mediation. I learnt of its existence only last night.
disclosure against the court timetable has yet to take place.


my understanding is that the judge will not be able to split the trust but will take it into consideration when dividing assets. Is this correct?

Expert:  Clare replied 4 years ago.
It is certainly an asset available to your ex that the court will take into account - but as an Inherited asset that is not immediately available it will only be of any relevance if there are few other assets available for division between you
I hope that this is of assistance - please ask if you need further details