How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

Tenants-in-Common or joint tenancy.divorced 30yrs ago but did

Customer Question

Tenants-in-Common or joint tenancy.divorced 30yrs ago but did not get a clean break separation cannot revoke as this was under the old law Which would best protect my present wife,iam 19yrs her senior.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you mean that you are still paying spouse maintenance?
Clare
Customer: replied 3 years ago.
Maintenance recently revoked
Customer: replied 3 years ago.
No longer paying spouse maintenance
Expert:  Clare replied 3 years ago.
Hi
That is fine - was there no Capital clean break at the time?
Clare
Customer: replied 3 years ago.
There was a capital clean break
Customer: replied 3 years ago.
Yes
Expert:  Clare replied 3 years ago.
Hi
So what is your concern?
Clare
Customer: replied 3 years ago.
Mapologies but I was wrong, there was no capital clean break
Expert:  Clare replied 3 years ago.
Hi
That is fine.
However there is no longer any financial link between you is that correct?
were the assets held at the time shared between you?
Clare
Customer: replied 3 years ago.
Yes to both questions
Customer: replied 3 years ago.
No financial link
Assets were shared at the time
Expert:  Clare replied 3 years ago.
Hi
In that case there is little chance of your ex still being able to make a claim against your estate since there are no longer any financial links between you
Whilst you were still paying maintenance there was a risk - but now it is negligible
If you are concerned about even that negligible risk then holding the property as Joint tenants will protect your wife the most
Please ask if you need further details
Clare

Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Can you explain why joint tenancy is better than tenants in common
Expert:  Clare replied 3 years ago.
Hi
Because then the house passes to her outside of the Will and any claim made by your ex against the estate cannot involve the property
Clare

Related Law Questions