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 Harris Your Own Question

Harris, Law Specialist
Category: Law
Satisfied Customers: 1948
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
Type Your Law Question Here...
Harris is online now

I believe joint tenants - value circa £460k with £160k

Customer Question

I believe joint tenants - value circa £460k with £160k mortgage - Only other assets I have a few pensions with a total pot £100k - My wife (not yet divorced ) has local authority (school administrator) £8.5 k / anum pension - no savings
She is in full time employment
Since separated I have remained in the house paying the mortgage interest only and her rent £850 / month. Ended up dong this as both our children still at home 21 & 23 - both in start us businesses and have chosen to support this way - I am 55 she is 51
Submitted: 7 months ago.
Category: Law
Expert:  Harris replied 7 months ago.

Thanks for confirming. As joint tenants you will not be able to bequeath your share in your will as the property is held only between joint tenants, and on the death of one the property automatically passes to the other. You will need to sever the joint tenancy and transfer into tenants in common in equal shares, which will enable you to pass on your share in your will.

In relation to your pension, you will need to check with your pension provider as there are different rules for this and you will need to specify a beneficiary as part of your pension policy.

You should also be aware that if you do not have a will and you are still married, your estate up to £260k automatically passes to your wife. Everything above that will be divided equally between your wife (50%, as well as personal possessions) and your children (sharing 50%). Furthermore, in the event that there is a will in place and your wife, even after divorce, cannot maintain herself and requires financial support, she could potentially apply to court for financial provision out of your estate. It is therefore important to consider and agree a clean break order with your wife to prevent any future claims against your estate from her.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Harris, Law Specialist
Category: Law
Satisfied Customers: 1948
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Can I change my mortgage from joint tenant or will that be a whole re mortgage.
Pending divorce is there a legally binding agreement that could be drawn up that if agreed with my estranged wife that should anything happen to either of us the children benefit from half of the house and not the spouse?
If I make a will now leaving pensions and life insurances to my children will that stand.
Expert:  Harris replied 6 months ago.

If you are only transferring from joint tenants to tenants in common you do not need to involve the mortgage company as you will both still be jointly and severally liable for the mortgage.

If you make a will now it will be effective so long as it is valid, however, your wife can potentially make a claim against your estate if you pass and there is no provision for her.

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Previous | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice