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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10549
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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. Following my remarrying I changed my house (no mortgage

Resolved Question:

.
Following my remarrying I changed my house (no mortgage anymore) into joint ownership with a Deed of Trust (Tenants in Common) between my wife and I with unequal shares.
Upon my death I would like my children to inherit my share of the above property but it occurs to me now that my wife may decide to live in the property years preventing a sale and thus blocking the inheritance.
My wife has 2 houses in China and an additional flat (rented, here in the UK) and I have some additional assets so I am not being miserly, but would like to ensure that my children get a nice amount that can go towards their house purchases.
I was previously writing in my Will that my wife could reside in the property or 4 years or so, but it occurs to me that may be meaningless as she is joint owner.
How might I ensure the sale of the property either on my death or a number of years afterwards ?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

and thanks Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

As Tenants in common, either of you are entitled to make an application to Court

to force a sale of the property by virtue of the Trust of land and appointment of Trustees act. Likewise, if you were to die first, once your share in the property had been transferred to your children, they would be entitled to issue proceedings under the above Act.

Only if you put a provision in your Will allowing your wife to remain in the property years, would this action not be possible.

Of course, I would not want your chilldren to have a falling out with your wife, and you should perhaps discuss your feelings with your wife and explain your reasons. Likewise, it is always best to put a side note with your Will explaining why you have not granted your wife the right to remain living in the property.

You may of course feel it would be fairer to give your wife a right to remain living in the proeprty -3 years, but this is something to decide upon.

I hope this helps and sets out the legal position.

Kind Regards

AL

Customer: replied 2 years ago.

Presumably your mention in the last paragraph of "1 - 3 years" is an indication of a number of years, as in "x years".

I have previously set various time limits on my wife's 'residency' n the property.

What you are saying is that a sale can be forced by either party - however if I stipulate in my Will that my wife may reside there set number of years that will defer the ability to force a sale (hopefully all on amicable grounds) by that number of years?

Expert:  Aston Lawyer replied 2 years ago.

,

Yes- you are correct re x years.

You are also correct as regards ***** ***** Sale. If you stipulate in your Will, that you grant your wife the right to remain living in the property , 2 or 3 years, , then this would prevent your children from forcing a Sale ,2 or 3 years.

I hope this assists.

Kind Regards

AL

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