Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- Do you know if you are joint owners of the properties or tenants in common?
- do you have any minor children together?
Thank you for your response.
As your ex wife has now remarried then she is no longer able to make a claim in respect of the matrimonial assets and therefore the correct area of law that relates to the properties that you own is the Trust of Land Act.
As Joint Owners as Joint Tenants - the Presumption in Law is that you are both entitled to a 50% share of the properties.
What you need to be aware of - is that your ex wife could choose to make a claim under Schedule 1 of the Children Act for provision for your children - such as housing.
If she made such a claim - then this would be for the benefit of the children. The court can order that your share of a property could be transferred on trust for the benefit of the children. If such an order was granted then this would only last until your children reached the age of majority and then your share would revert back to you.
It does appear to me from what you have said that your ex is already seeking to sell the property that she is residing in and therefore taking aside the Schedule 1 Children Act, as your ex may not even consider this, then the legal presumption is 50/50.
If you can both agree this then no further action need be taken.
If not, you may want to consider mediation. There are lots of mediation services and there will be one local to you. If you google family mediation in your area and then give them a call to get the ball rolling.
Let me know if I can help you further.
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