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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34491
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My cousin is married and on her house title deeds her husband

Customer Question

Hi my cousin is married and on her house title deeds her husband is on the deeds aswell, mu cousin had inherited the money from her dad and they are now seperated and her husband says he is willing to sign a form to say that my cousin can have the whole property if he signs a form will he still 50% right to the property due to them being married
Thanks
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but i need some further information firstWhich part of the Uk are they in and how long have they lived together?
Customer: replied 1 year ago.

london you lived together since 2009 and got married 2010 and moved into the property 2012

Expert:  Clare replied 1 year ago.
How much is the house worth and how much is outstanding on the mortgage?What other assets are there and what income do they each have?Are there any children involved?
Customer: replied 1 year ago.

the house is worth £300k and the outstanding mortgage is 60k there is 3 children a five year old and twins that are 2 years, they seperated a few weeks ago as her husband cheated on her, she has a car worth approx £10k and she does not work

her husband works but is low paid

thanks

Customer: replied 1 year ago.

the house is worth £300k and the outstanding mortgage is 60k there is 3 children a five year old and twins that are 2 years, they seperated a few weeks ago as her husband cheated on her, she has a car worth approx £10k and she does not work

her husband works but is low paid

Expert:  Clare replied 1 year ago.
Will the children live with mum?
Customer: replied 1 year ago.

yes all children will live with their mum

Expert:  Clare replied 1 year ago.
Are they planning a divorce in the neat future?
Customer: replied 1 year ago.

im not sure but wanted to see where see stands at the moment

Expert:  Clare replied 1 year ago.
My apologies - I had not sen your answer.How much did she inherit?(there is some risk)
Customer: replied 1 year ago.

she inherited £160K and put down £100k on the mortgage with a outstanding balance on the mortgage of £60k

Expert:  Clare replied 1 year ago.
The risk is that any Separation Agreement that the husband signs is not necessarily legally binding and he could still make a claim against the Former Matrimonial Home.Having said that the fact that your cousin has the care of the chidlren and contribution the giant share of the deposit means that she would be entitled to a larger share of the equity in any event.The only way that she could be certain would be if there was a Final Financial Order made within Divorce Proceedings.I hope that this is of assistance - please ask if you need further details