Expert Small Claims Advice

Gifts between Husband and Wife A husband or wife / ...

Gifts between Husband and Wife A husband or wife / partner who makes a gift to the other cannot later claim it back in the event of divorce. The only exception is where a domineering husband extracts a large sum of money or substantial assets from his wife / partner . If the judge considers that he exercised 'undue influence' over her, she (or her family if she dies) will be entitled to have the gift returned.

The same could apply where a weak-willed husband gives all his money to a domineering wife / partner , but 'undue influence' would be more difficult to prove in this case, because the law tends to presume that any gift made by a husband to his wife / partner was given willingly. When the Husband Goes Bankrupt A husband engaged in a speculative business may try to protect certain family possessions by transferring them to his wife / partner . The transfer is valid as between himself and his wife / partner , but third persons to who he owes money may be able to prove that he gave assets to his wife / partner in order to prevent creditors from claiming them. In this event, the creditors will be entitled to insist that the wife / partner gives up the assets.

small claims forms 

Small Claim forms 2014 (downloads)

Stage 2: The defendant's response

If you have delayed issuing proceedings for any reason, you may wish to seek legal advice before issuing your small claim.

{Please note the above forms are copyrighted to HMCS}

Small Claims (UK)
London ROad Guidlford, Surrey GU1 4DQ

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