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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33311
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been separated for ten years, I live in the family house,

Customer Question

I have been separated for ten years, I live in the family house, my spouse and i have come to a arrangement , that i will pay her 10,000 pounds she will agree to put the house in my name, so that i have security , if however i sell the house she will get her full share minus the £10,000 this wound be done via a solicitor, we both agree to this can a document be drawn up for this arrangement
regards
mick
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and 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?
How will this protect you?
Are you considering a divorce?
Clare
Customer: replied 3 years ago.

Hi Clare,


the house is worth around £100,000 the mortgage is paid off, my spouse will not then make me sell , but if i do she will get her share that would be the agreement we will divorce at some point

Expert:  Clare replied 3 years ago.
Hi
The easiest way of doing this is within the financial side of divorce proceedings
If you do not wish to take that step then your wife will need to have her interests protected either by holding a Charge on the property - or by agreeing that there is a Declaration of trust drawn up confirming that you hold the property on behalf of her as well
Any high street conveyancer should be able to assist in this
Please ask if you need further details
Clare
Customer: replied 3 years ago.

will this protect me from having to sell

Expert:  Clare replied 3 years ago.
Hi
For her protection there will have to be some provision which will allow her to force the sale in the future - and unless there is a Financial Court Order within divorce proceedings she will always be able to use the Family law courts to force a sale if she so wishes
Clare

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