My husband and I are getting divorced. I am convinced that my husband is trying to cheat me out of money.

My husband and I are getting divorced. I am convinced that my husband is trying to cheat me out of money. He owns a buy to let property in his name. He is planning to sell it. I think he then will not let me have a share of the proceeds. Is there anything I can do to stop him selling the buy to let, as I do not want him to get his hands on all the equity in the property?

Public Answer

Thank you for your enquiry.

You may need to start financial court proceedings so that there is a court timetable in place to help you reach a financial settlement, and if you cannot reach an agreement, a judge can make a financial court order.

If you have what is known as a beneficial interest in the buy to let property you could warn any potential purchasers of your potential beneficial interest in the property by registering your interest with the land registry. If you do not have a legal or beneficial interest in the property, you still have a financial claim because of your marriage to your husband.

If you think that your husband is going to sell or dispose of the buy to let property in order to defeat your financial claim then you could apply for what is called a section 37 injunction order. This application may not be necessary if there is other secured money that will satisfy your financial claims, such as the equity in the family home or savings.

Another option would be to agree that your husband should sell the buy to let property and for your husband to agree that the proceeds of sale of the property should be retained by his solicitor until you have reached an agreement with your husband or a judge makes a financial court order.

You do need family law advice on starting financial court proceedings and applying for a section 37-injunction order. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. Please call us.

Family law team OTS Solicitors

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