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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
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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Please could you advise me if I can leave half the equity of

Customer Question

Please could you advise me if I can leave half the equity of our property without my husband knowing?
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months 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

Are you already holding the property as Tenants in Common?

Customer: replied 10 months ago.
I added my husband to the Mortgage some 10 years ago.
Customer: replied 10 months ago.
I would like to leave my half to my daughter on my death.
Expert:  Clare replied 10 months ago.

Do you know if you and your husband agreed to hold the property as "joint tenants" or as "Tenants in Common" - the first is where the survivor takes it all - the second is where you each have your own share?

Customer: replied 10 months ago.
Im away from home at work so cant view the mortgage details. Please just give me a brief overview of both scenarios thank you. Julie
Expert:  Clare replied 10 months ago.

It is not about the mortgage - it is about whether you agreed that you would each own a specific "share" of the property or not.

The fact that you are not certain suggests that you own the property and Joint tenants - which means that the property passes to the survivor of you automatically outside of any Will.

This means that if you do wish to give your half of the property to your daughter in your Will then you will need to "Sever the Joint Tenancy" first

Unfortunately this can only be done with your ex's knowledge

You can read more here

https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common

If the Tnenacy is severed then you can certainly leave it to whomsoever you wish in your Will

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