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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
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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Me & my partner split 2years ago & have 6 children together

Resolved Question:

Me & my partner split 2years ago & have 6 children together since we split I have continued to pay mortgage & is still in both names . She started dating a chap in December last year . Unfortunately she has recently been diagnose with cancer (2nd appearance) . My concern is if she sadly gets told a limited life time in next few days visits . Then decides to marry chap ! Woukd he then be I titled to half the house ?? More concerned for children than myself as parntner & myself have always said house for them !!
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 house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.
£230,000 And about £30,000
Expert:  Clare replied 2 years ago.
Hi
Do you hold us as tenants in Common where you each have your own share or beneficial joint tenants ?
Clare
Customer: replied 2 years ago.
Sorry have no idea which of them
Options we got !! Know mortgage in both names so pretty sure house details woukd be as well . We have both got wills drawn up were on death other would take response for children but not sure if house was mentioned . And am obviously concerned if the law says if married that over runs all verbal agreements .as have discussed it with partner (not about marriage) but on her death & yes agrees ill move back in to house with kids .. Just wondering if it would be better to get official letter drawn up by professional person saying above incase ??
Expert:  Clare replied 2 years ago.
Hi
If you hold the property as Beneficial Joint tenants then the property will pass to you in the event of her death in any event.
If it is held as Tenants in Common then her share will pass under the terms of her Will.
However you are right to be concerned as her remarriage would void her current Will and if she died without making a new Will then her spouse would inherit the first £250,000 of her assets (and all her belongings)
If you wish to establish the position before you speak to her then you can download a copy of your title deeds from the Land Registry
https://www.gov.uk/search-property-information-land-registry
You will know if your current mode of ownership is a tenancy in common as the following wording will be present in the B section of the Title Register:
RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Registrar or the court.
If those words ARE there then you will need to raise the issue with your ex I am afraid and ask her to make a new Will if she does remarry
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Hello,
Be downloaded our title deeds. In section B:proprietorship register, it states the property is in both of our names. Section 2 states 'no disposition of the registers estate by the proprietor of the registered estate is to be registered estate is to be registered without a written consent signed by the proprietor for the time being of the charge dated 8 December 2006.....' Does this mean nothing needs to be changed and in the event if death, ownership of the house is passed to me?
Regards,
John
Expert:  Clare replied 2 years ago.
Hi
No I am afraid that it means the opposite and you are going to have to discuss this with her ex if she remarries
Clare
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