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Capital – the type of orders the courts can make

Published: 9th July 2010 - Category: Separation and Divorce - Author: Lynne Bastow

In a divorce the legal ownership of assets can be distributed by the Courts in the following ways:

  1. Lump Sum Order
    The Court can order one spouse to transfer a lump sum to another.
  2. Property Transfer Order
    The Court can order a property to be sold or transferred from one spouse to another and transferred from the joint names of the couple into the sole name of the Husband or Wife.

The type of property which the court is concerned with

  1. Houses
    Normally this entails the former matrimonial home but more and more couples own more than one property, either as a holiday home or buy to let property.

    There are important Capital Gains Tax considerations to be taken into account in the transfer of assets on divorce.

  2. Insurance Policies
    Endowment policies have a surrender value which the Court will include in the division.
  4. Business Interests
  5. Personal possessions with an individual value of more than £500

Normally individuals keep their personal possessions but it depends on the relative value and need. If a wife’s jewellery collection makes up the majority of a couple’s wealth, then the husband’s needs will be taken into account in considering re-distribution.

Lynne Bastow - Divorce Solicitor

Meet Lynne Bastow

With over 20 years experience, Lynne can provide excellent and valuable advice and has a friendly, positive approach towards all her clients, ensuring you get the best service possible. If you would like my help you can contact me here. Contact Lynne

Read Lynne's Books

If you need more information on divorce, Lynne has published two informative guides on divorce, which you can purchase from Amazon.

The Little Book of Divorce

The Little Book of Divorce

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The Little Book of Divorce Dilemmas

The Little Book of Divorce Dilemmas

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