View Full Version : Divorce - can a property be put 'in trust'?

10-24-2010, 03:06 AM
My parents are going through a divorce in the UK and have agreed to a settlement whereby my mother gets ownership of two Spanish properties and my father two UK properties. My mother's name is not on either Spanish title-deed, only my fathers is, and one of the properties has an outstanding mortgage which although in my fathers name, my mother is now paying. My mother plans to sell the Spanish properties but due to the acromonious nature of the divorce is keen to ensure that my father has no claim on them between the divorce being agreed and her selling them on.

It seems silly to transfer them formally to my mother and incur the 7% tranfer tax when she may only have them for a matter of months before selling them on again. A UK lawyer has indicated it may be possible for them to be held 'in trust' for her whilst still in my father's name. Is there anyway that this can be done so that my father cannot sell the property out from under my mother once the divorce has gone through?

We're concerned that my father could sell the Spanish properties from under my mother once he has legally got the UK properties exclusively in his name. For info, my mother has power of attorney in Spain for him so can sign on his behalf when the properties do sell.