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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34282
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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A friend of my wifes is married. Her husband made her sign

Customer Question

A friend of my wife's is married. Her husband made her sign her share of their house to him giving him 98% and her 2%. He has made a will, saying she can live in the house until she dies, and she does not leave the house for more than 6 months. She has a daughter by a previous marriage. She has contributed to the mortgage. His previous will gave the house to her. He had a heart attack, and had a disagreement with her daughter over what course she should take at university. He then changed his will. The contract was signed by him and her and was not confirmed by someone else. He has left the contract and the will with a solicitor. The house is in both their names. Can she get out of this contract because she would like the house, or her share to go to her daughter when she dies She is forced to stay in the house for the rest of her life. She is Thai and he English.
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 long have you lived together?
Clare
Customer: replied 3 years ago.

The question was regarding my wife's friend. They have been married for 17 years.

Expert:  Clare replied 3 years ago.
Hi
My apologies - you had indeed made that clear
May I just check - she does wish to remain in the marriage for now?
Clare
Customer: replied 3 years ago.

Yes

Expert:  Clare replied 3 years ago.
Hi
When did she sign the document and did she have legal advice at the time?
Clare
Customer: replied 3 years ago.

She sighed the document 6 months ago with no legal advice. Here husband made her sign it. It was signed by the husband and wife, with no other signature to verify it. Is this legal?

Expert:  Clare replied 3 years ago.
Hi
Do you know if it was sent to the Land Registry?
Clare
Customer: replied 3 years ago.

as far as she is aware no.

Expert:  Clare replied 3 years ago.
Hi
Then she need not worry - she is not bound by this document and it can be challenged
I would suggest that she visits a solicitor to make a Will and to establish that the share of the property is in fact 50/50
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

than you for you advice

Expert:  Clare replied 3 years ago.
Hi
You are most welcome
Clare