Not quite divorced

My clients are a husband and wife who separated permanently some seven years ago with the wife remaining in the matrimonial home which had less than half a hectare of grounds. The husband occupied rented accommodation.

After their permanent separation planning permission was obtained to build a new property on part of the garden of the former matrimonial home and the husband eventually moved into this property.

As part of the divorce proceedings (which may or may not be ratified under a court order) the parties are trying to come to an arrangement regarding the future ownership of these properties that both stand on the original grounds possibly using relief under the former Extra-statutory Concession D6 now TCGA 1992 s 225B.

However as an alternative would the wife – who still has an interest in the new property and land even though...