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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33549
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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I am not sure whether I require someone with family law or

Customer Question

I am not sure whether I require someone with family law or property law experience.
My husband and I are in the middle of purchasing a flat and as I am not on the mortgage or will be on the deeds, his solicitor has sent me a letter of "
“WAIVER DECLARATION - OF MY LEGAL RIGHTS (IF ANY) OVER THE PROPERTY”. I need to obtain legal advice on this, to fully understand what this means and will it affect my marital rights should I unfortunately divorce?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.This document is required by the Mortgage Company to ensure that you understand that whatever financially contribution you make to the property and rights you have will ALWAYS come after those of the mortgage company even though you are not named on the mortgageIt does not effect your claim on the property as a matrimonial asset - it is limited to ensuring that you understand that the mortgage gets paid first!The solicitor who witnesses it will also wish to be sure that your husband is in no way bullying or forcing you to sign it.I hope that this is of assistance - please ask if you need further detailsClare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33549
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 1 year ago.
Hi ClaireThank you for this. It is really helpful. Do I need to sign it? I am assuming I do need to. Does the witness need to be a solicitor or can a Chartered Surveyor suffice? Can me contacting you be the legal advice I need? I have attached for your perusal.
Customer: replied 1 year ago.
Thanks again
Expert:  Clare replied 1 year ago.
Hi
The form does say that a professional other than a solicitor can sign it - so you may want to take that option.
Clare

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