Development land uplift clause and divorce?
My husband and I have been married for 25 years, separated for 8 years. I have now decided to divorce him because of his unreasonable behaviour.
We have several buy to let properties and also land with planning permission to build houses.
Would it be possible for me to put an uplift clause or similar on the land before we divorce so that the children and I will benefit from?
Many thanks
Jackie
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Member Since October 2014 - Comments: 423
12:45 AM, 22nd May 2017, About 9 years ago
Unreasonable conduct after 8 years of separation. One wonders what that means. Perhaps it’s not giving enough money or control over property.
Member Since May 2017 - Comments: 4
7:57 AM, 22nd May 2017, About 9 years ago
Reply to the comment left by “Puzzler ” at “21/05/2017 – 18:55“:
I have never been in this situation before and know very little about it. I have discussed this
with my solicitor but I am still not sure what I should be asking for in terms of a fair
settlement. I don’t know how the properties will be split. In answer to your non -property
related question, I am divorcing my husband for his unreasonable behaviour as he is
behaving very unreasonably indeed and the reason that I posted this on a property site
is that I typed in a similar question on Google and Property 118 came up.
I just want to be prepared.
Member Since July 2013 - Comments: 1266 - Articles: 1
3:43 PM, 24th May 2017, About 9 years ago
Well if he thinks he is going to get everything he does seem unreasonable! The grounds for divorce are irrelevant. But it might be simpler to divorce on the grounds of your separation which is long enough to count. As Jay said unreasonable behaviour would be odd grounds since you don’t live together anymore, have you been advised this?
Your questions need to be addressed to your solicitor because this forum is not for divorce advice. In my limited experience after a fairly long marriage you would be looking at a roughly 50/50 split. If your children are adults they do not have a claim. You will each have to fill out a detailed questionnaire of all your income and assets and then negotiate the division.
It seems from this you haven’t got to this point yet. But I doubt your husband can have 100% and leave you with nothing! What is his logic? The value of the land will be taken into account.