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 vincent2013 Your Own Question

vincent2013
vincent2013, JustAnswer Expert
Category: Property Law
Satisfied Customers: 213
Experience:  Qualified solicitor and barrister (non-practising) with 7+ years experience
74366787
Type Your Property Law Question Here...
vincent2013 is online now

hi my mother died in 1992..a couple of years later a woman

Customer Question

hi my mother died in 1992..a couple of years later a woman moved in with my dad and they married....she came ffrom a council flat.......my dad put her name on the deeds to his house which the mortgage and been paid off......this was the house he moved into with my mother in 1976...........my step mother now wants a divorce,,,and im looking into buying her out of the house.......because shes on the deads is she entiltled to half the value of the house?????or because its been my dads home for so long as she has contributed to the mortgage does she get less of the value??/
Submitted: 3 years ago.
Category: Property Law
Expert:  vincent2013 replied 3 years ago.

Hi, thanks for your question. My name's XXXXX XXXXX I'm going to assist you with it.

 

If half of the property has been transferred to your stepmother and she is on the title deeds (i.e. by registering the transfer with the Land Registry), I'm afraid it is very likely that she is entitled to half of the property. In fact, if they own the property as "joint tenants" (rather than tenants in common) and anything should happen to your father, she would be entitled to the entire property.

 

Therefore, if this is a joint tenant and they have permanently split, it might be adviseable to "sever" the joint tenancy whilst you are negotiating buying her out. This is done by the party (wishing to sever the tenancy) serving a notice on the other party and then registering this at the Land Registry. In this sceanrio your father would serve it on your stepmother.

 

Details of severing a tenancy can be found here (particularly para 4.1):

http://www.landregistry.gov.uk/public/guides/public-guide-18

 

I'm very sorry as that's probably not what you wanted to hear but I must be truthful in the information I provide.

 

Does this answer your question? If so, I would be very grateful if you could remember to rate my answer, so that I can receive credit from the website. Our conversation will not close and you can continue to ask me anything you need to clarify the information above.

Expert:  vincent2013 replied 3 years ago.

One final point. The above information is based on property law principles and predicated on the basis of their current entitlement.

 

If an application to the family court was made for financial relief (i.e. to decide how the assets should be divided) a family court would not be bound by these principles. Whether the court made an order for a 50:50 split of the property would depend on other matters such as a detailed analysis of the needs, ages and finances of the respective parties.

 

I hope that's helpful and don't forget to rate.

 

Best wishes.

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:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions