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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2734
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Advice required on Uk property law in relation to divorce

Customer Question

advice required on Uk property law in relation to divorce
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you in England or Wales?
-How old are you both?
-How long have you been married?
-Do you have any children together, if so their ages and proposed arrangements?
-What assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 1 year ago.
husband 54
wife 50
20 years married
husband vacated fmh 2010
3 children
20 at uni
18 unemployed
17 at school
husband income disputed as own business. but between 60 and 150k pa
wife £8.5k pa
pension husbvand only 140kQuestoin is about a notice to sever joint tenancy to become tenats in common.Wife is freaking out as husband is bully. she has massive financial and emotional constraints and is self litigant
Expert:  Harris replied 1 year ago.

Are they in England or Wales?

Customer: replied 1 year ago.
England
Customer: replied 1 year ago.
I appreciate call easier but I need to be able to put written response in front of wife before she melts down completely. she is of the opinion he has just removed half the houe from the divorce negotiations.
Expert:  Harris replied 1 year ago.

No worries. Has a notice to change to tenants in common been served by her or on her?

Customer: replied 1 year ago.
just arrived
Customer: replied 1 year ago.
arrived this morning
Expert:  Harris replied 1 year ago.

Thank you. She should not worry. If her name is ***** ***** title of the property, a change from joint tenants to tenants in common will not impact her legal interest so long as her share as a tenant in common is 50% (or in accordance with however many people are registered on the title).

The difference between joint tenants and tenants in common will relate to how the shares are dealt with if one joint owner passes away or decides to deal with their share separately. As joint tenants, if one joint owner dies, the whole property automatically passes to the other and their share cannot be passed on as inheritance, whereas tenants in common are free to pass on their share in a will or under intestacy rules.

Furthermore, as part of the divorce they both have a right to make a claim for financial relief even if there are assets that are not in joint names. Given the long marriage, three children and substantial disparity between their respective incomes and asset positions, the wife has good prospects to pursues a claim for financial relief as apart of a divorce.

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 and other Law Specialists are ready to help you
Customer: replied 1 year ago.
The husband is a complete spendthrift. Can he borrow money against the property and create an unpayable debt? Can he stop paying the mortgage and cause a reposession?
Expert:  Harris replied 1 year ago.

Thanks - most secured loans would want both joint owners to sign to secure a debt against the property. If she is unable to afford the mortgage payments and he stops making them, then the mortgage company will consider repossession. In the event that mortgage payments stop she should immediately consider pursuing an application for financial relief to ensure that her and the children are not made homeless.

Customer: replied 1 year ago.
Thank you. It has taken some time to get the message across at this end.
Expert:  Harris replied 1 year ago.

Thank you - I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris

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