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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34482
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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my wife and i have separatd amicably last year. i said she

Customer Question

my wife and i have separatd amicably last year. i said she could keep our main house and car and that i would have our small cottage that we used to rent out. both properties are in joint ownership. today i recieved a letter making us tenants in common at the cottage. Does that mean that i can never sell the cottage as my own and move on?
Submitted: 4 years ago.
Category: Property Law
Expert:  Stuart J replied 4 years ago.
Do you have children?
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question.
Within the divorce proceedings your ill need to resolve once and for all who will have what and arrange for the ownership if the properties to be transferred.
What has happened now is that your wife has given notice that in the event of either of you dying their share of the property will pass under their Will rather than automatically passing to the survivor of you
Claire
Customer: replied 4 years ago.


there are no divorce proceedings - i just wanted to know

a) if i could sell the cottage and move somewhere else

b) could i sell it as a cash sale

 

do i have to involve my wife all the time or can i do as i wish without buying her out ?

Expert:  Clare replied 4 years ago.
Hi
Since you are joint owners neither of you can sell the property without the co-operation and consent of the other in any event - and this was also the position before the Severance of the Joint Tenancy.
If the other property is also in joint names then your ex is in the same position.
The only way to resolve this is by agreement or a Court Order
Claire
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34482
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
Clare and 3 other Property Law Specialists are ready to help you
Customer: replied 4 years ago.

i am currently living on my nhs pension ( approx £1200 per month) which i use for all my expenses i.e rent, council tax etc. If any of it was taken during the divorce i would not be able to survive. She is currently employed with the nhs and ears approx £26k p.a.


a) is it my pension at risk ?


b) are my personal savings at risk?


if so


c) can i somehow protect them ?

Expert:  Clare replied 4 years ago.
Hi
What assets and debts are there (including the value of the properties and any mortgages on them)
Claire
Customer: replied 4 years ago.

thought it might go this way - just been informed today that divorce papers are to be served - thanks for your help claire - goodbye

Expert:  Clare replied 4 years ago.
Hi
Do you no longer want advice on the financial side of the divorce?
Claire
Customer: replied 4 years ago.

no thanks - will get back to you if necessary in the future - thanks again

Expert:  Clare replied 4 years ago.
Hi
You are most welcome - I hope all goes well
Claire