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Harris, Family Law Expert
Category: Family Law
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Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a joint mortgage with someone who is now my ex-wife.

Resolved Question:

I have a joint mortgage with someone who is now my ex-wife. What would happen to my share of the equity when I die.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Please confirm if you are in England or Wales. Also, is the property held in joint names and is it as a joint tenancy or tenants in common?
On a separate issue, was there a financial settlement as part of your divorce, and if not have either of you remarried since the divorce?
Customer: replied 1 year ago.
We are living in England, separately as per previous question. It is a joint mortgage, freehold. The divorce was amicable with no financial settlement involved. Neither of us has remarried, but we both have partners who live with us.
Customer: replied 1 year ago.
Just to add the property is in joint names.
Expert:  Harris replied 1 year ago.
Thanks. You will need to check the title deed of the property to see if it is held as joint tenants or tenants in common. You can obtain a copy of the title deed from the land registry online.
If the property is held as joint tenants, upon the death of either of you the deceased's share will automatically pass to the other.
If it is held as tenants in common, the deceased's share will pass in accordance with their will, or if no will then under intestacy rules.
Please let me know if you have any further questions about this.
Customer: replied 1 year ago.
Thanks -would the same apply as joint leaseholders of a property ?
Expert:  Harris replied 1 year ago.
Yes - it will be the same if the property is a leasehold.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2324
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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