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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hiwe are currently moving house we own the current house

Customer Question

Hi
we are currently moving house we own the current house outright and both names are XXXXX XXXXX deeds although we have been together for 20 years and have 2 young children we are unmarried.
Whilst filling in a form as requested from our solicitor My partner is asking me to complete as tenants in common having to agree to a 25%share as appose to joint tenants my first question is what does this mean?

Secondly my partner then has asked that my name be removed from the new property completely and said that the solicitor has advised him to do so as he would stand a better chance of getting a mortgage on his own and then a separate agreement will be drawn up to do the 25-75% share is this a common practice?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
how much is the current house worth and how was the purchase financed?
Clare
Customer: replied 2 years ago.
Hi the current house is worth about£160k my partner has payed the mortgage as he has a high payed job he works away in Africa and I stay at home looking after our children.
The new house is a new build which will not be ready for some months it will be financed with my partners money saved from his job and the sale of the current house and maybe a small mortgage if needed hope that helps.
Expert:  Clare replied 2 years ago.
Hi
Are you willing to agree that if you ever separate you will only receive 25% of the value of the property?
Clare
Customer: replied 2 years ago.
Hi Clare
I think my partner is being unfair in the situation but under pressure I did agree to the 25% split but is it usual to not be named on the house and have a separate agreement drawn up. and will I lose any rights in the event of a separation I've also got to think of the kids.
Expert:  Clare replied 2 years ago.
Hi
Do you have a bad credit record at all?
Clare
Customer: replied 2 years ago.
Hi no I've never had a problem with credit got no credit cards or loans
Customer: replied 2 years ago.
Hi Clare
No I've had no credit problems I've got no credit cards or loNs
Customer: replied 2 years ago.
Hi Clare I have replied twice now to the question about credit records hope you are getting the information

No I haven't had any bad credit reports I have no credit cards or loans
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
I have to ask this - so please do not be upset - do you have any reason to fear that your relationship may be in difficulties?
Clare
Customer: replied 2 years ago.
Hi that's fine for you to ask it's probably not the best relationship but it has been like this for years we are mutually agreed that we are together for the girls sake and the house move is his idea.
Expert:  Clare replied 2 years ago.
Hi
I asked because it seems clear that your ex is ensuring that in the event of a separation his financial position is more certain than it is now.
If there is a clear statement that you only own 25% of the house then there is no risk of you being able to claim 50% as you could now
He wishes to hold is as Tenants in Common as it means you do not automatically inherit the whole house if if he dies
So if you separated whilst you would be able to remain in the house until the youngest child is 18 - at the end of that time you will only receive 25% of the equity - whether that is sufficient to rehouse you or not.
I do not accept his reasoning in respect of the actual ownership either.
If your credit record is clear then there is no reason why your being on the mortgage should cause a problem, and being on the Title means that your ex cannot force you to leave the property in the future unless he obtains an Order for sale.
You are not bound by the agreement that you have made for 25%. It is entirely possible to insist that the new property is purchased in joint names and held as Tenants in Common in equal shares
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Sorry cani just ask one more thing if my name was removed from the new house and the 25% split drawn up separately would I still be able to remain in the house until the youngest child was 18 or would my name need to be on the title
Expert:  Clare replied 2 years ago.
Hi
It would still be possible - but you might have to apply to the court for an order allowing you to remain there
Clare

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