Free Advice Column - 22/04/2009
22 Apr 2009
Splitting property abroad
Q. I left my husband in France and returned to England four years ago. The divorce was finalised in December. He owns several properties, and we have a house worth a lot of money in joint names. He now wants me to sign this over to him. I don't understand the French law about this, and would be grateful for some advice.
A. If your divorce took place in this country you should be able to apply for an ancillary relief hearing here to divide up your property, no matter where it is located. If your name is on the title deeds of the house it's likely that you are entitled to half its value, but, in the absence of agreement between you, the court will decide on the division of your assets taking a wide range of factors into consideration. It's likely you will only need assistance from a solicitor with knowledge of French law if your ex-husband ignores the orders of the English court.
Left nothing
Q. My sister-in-law died a fortnight ago. She'd told her solicitor that she had no family and left all her money to charity. However my son, as her nephew, is her next of kin and she has several cousins besides his family. But the solicitor says he's not even obliged to tell my son the name of the charity involved. Surely this is not correct?
A. It is correct. Unless you're a “residuary beneficiary” of a will you have no automatic right to see a copy of it. However like any member of the public you will be able to obtain a copy of the will from the probate office once probate is granted. Your sister-in-law was entitled to leave her money to whoever she chose. Close relatives and dependants may be able to contest a will under the family provision legislation, but that's unlikely to include your son unless he was being financially supported by his aunt at the time of her death.
Prime target
Q. The council agrees that our part of town is run down, yet to our knowledge it is classed as a prime zone for business rate purposes. Can the council alter this, and what effect would it have on the amounts paid by the shops along the road?
A. Valuations for business rate purposes are carried out by the Valuation Office, an agency of HM Revenue and Customs. Valuations are updated every five years, and the rateable value of your premises (from which your current business rate is calculated) was worked out by using a formula comparing your property with others around the country and taking into account such things as the floor area, the age of the property, its features (such as whether it has air conditioning) and the number of car parking spaces available. If you don't agree with your assessment you can appeal to the local Valuation Office, but it might be helpful first to look at the details for your property on the Valuation Office website.
Tree threat
Q. There are a number of ash trees and willows in the field next to my house. They were planted after my house was built in 1974, and some are only ten feet away. Would I be able to get compensation if falling branches damaged my roof, or if the roots undermined my foundations?
A. You should probably ask the owner of the field to prune the tree to avoid the possibility of falling branches damaging your house. If he failed to do so and damage did occur your best bet would be to contact your insurance company; they in turn could attempt to recover the cost of repairs from your neighbour. Tree experts say you only need to worry about root damage if your house is built on clay soil, since the damage is caused not so much by the roots as by the expansion and contraction of the clay as thirsty trees take up moisture. If you are on clay you should write to your neighbour recommending he takes preventative measures. And keep paying your insurance premiums.
Exempt from property tax?
Q. When my wife and I were divorced in 2005 she bought my share of the house that we jointly owned. The law firm that handled the transfer charged us stamp duty on the property's value of around £350,000. However I'm now told that in such a transfer between husband and wife following a divorce stamp duty should not have been charged. Is this correct?
A. Such transactions are exempt from Stamp Duty Land Tax if they are carried out in pursuance of a court order or an agreement between the parties under Schedule 3 of the Finance Act 2003. You may want to discuss this further with your solicitors. If they just handled the property transfer but not the divorce they may not have been aware of the existence of a court order. Any SDLT that has been paid incorrectly can be reclaimed from HM Revenue and Customs.
Q. I left my husband in France and returned to England four years ago. The divorce was finalised in December. He owns several properties, and we have a house worth a lot of money in joint names. He now wants me to sign this over to him. I don't understand the French law about this, and would be grateful for some advice.
A. If your divorce took place in this country you should be able to apply for an ancillary relief hearing here to divide up your property, no matter where it is located. If your name is on the title deeds of the house it's likely that you are entitled to half its value, but, in the absence of agreement between you, the court will decide on the division of your assets taking a wide range of factors into consideration. It's likely you will only need assistance from a solicitor with knowledge of French law if your ex-husband ignores the orders of the English court.
Left nothing
Q. My sister-in-law died a fortnight ago. She'd told her solicitor that she had no family and left all her money to charity. However my son, as her nephew, is her next of kin and she has several cousins besides his family. But the solicitor says he's not even obliged to tell my son the name of the charity involved. Surely this is not correct?
A. It is correct. Unless you're a “residuary beneficiary” of a will you have no automatic right to see a copy of it. However like any member of the public you will be able to obtain a copy of the will from the probate office once probate is granted. Your sister-in-law was entitled to leave her money to whoever she chose. Close relatives and dependants may be able to contest a will under the family provision legislation, but that's unlikely to include your son unless he was being financially supported by his aunt at the time of her death.
Prime target
Q. The council agrees that our part of town is run down, yet to our knowledge it is classed as a prime zone for business rate purposes. Can the council alter this, and what effect would it have on the amounts paid by the shops along the road?
A. Valuations for business rate purposes are carried out by the Valuation Office, an agency of HM Revenue and Customs. Valuations are updated every five years, and the rateable value of your premises (from which your current business rate is calculated) was worked out by using a formula comparing your property with others around the country and taking into account such things as the floor area, the age of the property, its features (such as whether it has air conditioning) and the number of car parking spaces available. If you don't agree with your assessment you can appeal to the local Valuation Office, but it might be helpful first to look at the details for your property on the Valuation Office website.
Tree threat
Q. There are a number of ash trees and willows in the field next to my house. They were planted after my house was built in 1974, and some are only ten feet away. Would I be able to get compensation if falling branches damaged my roof, or if the roots undermined my foundations?
A. You should probably ask the owner of the field to prune the tree to avoid the possibility of falling branches damaging your house. If he failed to do so and damage did occur your best bet would be to contact your insurance company; they in turn could attempt to recover the cost of repairs from your neighbour. Tree experts say you only need to worry about root damage if your house is built on clay soil, since the damage is caused not so much by the roots as by the expansion and contraction of the clay as thirsty trees take up moisture. If you are on clay you should write to your neighbour recommending he takes preventative measures. And keep paying your insurance premiums.
Exempt from property tax?
Q. When my wife and I were divorced in 2005 she bought my share of the house that we jointly owned. The law firm that handled the transfer charged us stamp duty on the property's value of around £350,000. However I'm now told that in such a transfer between husband and wife following a divorce stamp duty should not have been charged. Is this correct?
A. Such transactions are exempt from Stamp Duty Land Tax if they are carried out in pursuance of a court order or an agreement between the parties under Schedule 3 of the Finance Act 2003. You may want to discuss this further with your solicitors. If they just handled the property transfer but not the divorce they may not have been aware of the existence of a court order. Any SDLT that has been paid incorrectly can be reclaimed from HM Revenue and Customs.
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