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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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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since my husband and i have been separated for 7 years is it

Resolved Question:

since my husband and i have been separated for 7 years is it possible to transfer his share over to me. he has not contributed to the upkeep in that time
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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 house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Are there any children involved?
Clare
Customer: replied 3 years ago.

The mortgage is paid which I finished playing there are o debts. We aare both pensioners. He receives a state and private I receive a state pension. Our son is married

Expert:  Clare replied 3 years ago.
Hi
How much is the property worth?
Clare
Customer: replied 3 years ago.

150000

Expert:  Clare replied 3 years ago.
Hi
Where does your ex live and has he ever asked for his share of the property
Clare
Customer: replied 3 years ago.

He lives with his girlfriend and never asked

Expert:  Clare replied 3 years ago.
Hi
Are you considering a divorce?
Clare
Customer: replied 3 years ago.

No. Neither of us havethought of it. I just don't want his girlfriend to getand her family to get anything from thia house.

Expert:  Clare replied 3 years ago.
Hi
Do you think your ex would agree to the property being transferred?
Clare
Customer: replied 3 years ago.

Maybe if my son asked him to.

Expert:  Clare replied 3 years ago.
Hi
I am afraid the fact that he has not paid anything in the last 7 years does not mean that you are entitled to the whole house
The property cannot be transferred into your sole name without the agreement of your ex - or an Order from the Court within divorce proceedings.
However you can protect your interest in the property by seeing a Solicitor and making a Will leaving your share to your child.
You will also need to take action to "Sever the Joint Tenancy"
At present it is likely that if you dies the house passes to him automatically and vice versa, this needs to be changed so that you each own your share of the property
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you