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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34288
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 joint mortgage holder and on property title deeds as

Resolved Question:

I am joint mortgage holder and on property title deeds as tenants in common as he wishes to leave in trust so much of the house value. The house is 900k and I am 50/50 on 500k as the remainding 400k was his deposit which will be the trust money for his kids.
We are not married. He has two kids.my question is if he dies before me and he has no will can his kids force me to sell the house as it currently stands and how is best am I to protect myself.
Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How long have you lived together and have you discussed this at all?

Customer: replied 1 year ago.
Lived together for 3years and have discussed but he wants the kids to have their inheritance which means i would need to leave the home. He says I will be getting his pensions instead as it seemed he couldn't leave it to them. I don't think that's true so need advice on how best to protect myself.
Expert:  Clare replied 1 year ago.

Where were you living before moving in with your partner?

Customer: replied 1 year ago.
I was living in Cardiff renting a flat for 6months whilst working there.
Expert:  Clare replied 1 year ago.

How much would a one bedroom property in the same general area cost to buy

How much is currently outstanding on the mortgage?

Customer: replied 1 year ago.
It's a new house we have just bought and we have a joint mortgage for around £400k. The house is valued at 900k and he put his own deposit down from his own property of 400k.(i lived in this property for 3years.)
This 400k will be trusted to his kids .A two bed apart would cost over 350k
Expert:  Clare replied 1 year ago.

May i ask how old you both are?

Customer: replied 1 year ago.
I am 45 and he 50
Expert:  Clare replied 1 year ago.

Have you any capital of your own at all?

Customer: replied 1 year ago.
No
Expert:  Clare replied 1 year ago.

As things stand the answer is yes the chidlren could force a sale in these circumstances

However in the event of his death if he has not made any proper provision for you in his Will, you will be able to make a claim against his Estate.

How much you will be granted will depend on how long you have lived together - and how much you will need to rehouse yourself.

I hope that this is of assistance - please ask if you need further details

Clare and other Family Law Specialists are ready to help you