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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I own the land that my partner Is building a house on

Customer Question

I own the land that my partner Is building a house on for us to sell on. I will receive my ingoing costs and so will he, but then proceeds will be split 50/50. He is divorced but never made any financial settlement, if he dies, can his wife claim anything from this in the future?
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHas his ex remarried, and when was the Decree Absolute?
Customer: replied 1 year ago.
Not remarried, Decree Absolute approx. 2 years ago. Can she still claim when we try to sell the property if my partner Is still in the land of the living?
Customer: replied 1 year ago.
If he builds the house on my land and I don't agree to sell the land, I assume he cannot sell the house?
Or if he won't sell the house, what happens to the land I own that it is built on? A minefield I know!
Expert:  Clare replied 1 year ago.
Will you be living at the house?Are there children involved?
Customer: replied 1 year ago.
No, we intend to sell the property. He has two children 20+ and I have 1 20+
Customer: replied 1 year ago.
Should we raise a 'deed of trust' to safeguard both parties, but can his wife claim against him at any time?
Expert:  Clare replied 1 year ago.
Property law should more properly be called Land Law as the ownership if a house is in fact ownership of land - with or without a dwelling on it.So you will be owner of the property - but your partner will have a financial claim on it since there is clearly an agreement that if he builds a houseon it then he will have a share of the valueA Declaration of Trust would indeed be worthwhile as it will clarify the position between you and make details such as how and when it should be sold clear.The issue of his ex us a separate one.Technically she continues to have a potential financial claim on your partner (and he on her) but assets acquired long after separation are rarely at risk.I hope that this is of assistance - please ask if you need further detailsClare
Clare and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Where do I stand legally if he dies, during/after the property is built? Can his family make a claim against me? or will the property be mine as you say, as I own the land.
and vice versa, if I die, will the land (deeds in my sole name) go to my daughter and can he still make a claim against her?
Customer: replied 1 year ago.
Thank you for your information. I would prefer my questions and answers were not made available for public viewing. Regards ***** ***** you.
Expert:  Clare replied 1 year ago.
I will ask Customer services to assist with that