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Name on Portuguese apartment

5 replies

Sweetnessandbite · 20/08/2020 12:27

My parents bought a little apartment in Portugal. They had to put my name on it too as they were too old to get a mortgage. It is now paid for. I am about to go through a nasty divorce. Will the apartment count as an asset if mine even though it was purely to get a mortgage and I have never paid anything towards it?
Thank you

OP posts:
prh47bridge · 20/08/2020 13:09

What matters is whether you would get any of the proceeds if the apartment is sold. If you wouldn't, it won't go into the pot to be split between you. Even if you would get some of the proceeds, the fact that you have never paid anything towards it means it may be classed as a gift from your parents, in which case the courts would only dip into it if there is no other way to meet your ex-husband's reasonable needs.

Sweetnessandbite · 20/08/2020 19:41

No if it sold I wouldn't get any but eventually in the hopefully very far off future I would inherit it. Do I have to list it on form E or anything? Sadly he isn't being reasonable at all and wants to sell.our house and take all the equity leaving kids and I homeless. I know he can't do that but he may get it repossessed as I can't pay the mortgage alone. So if he thinks that he can make me get less by listing the apartment he will.

Thank you

OP posts:
Sweetnessandbite · 20/08/2020 19:42

also they may well need to sell it to pay for higher needs care.

OP posts:
prh47bridge · 21/08/2020 11:24

You have a legal interest in the house but not a beneficial interest. I would list it on form E but show the value of your interest as nil.

RedHelenB · 21/08/2020 13:07

Could they take your name off it now its paid for?

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