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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My partner wants to take his name off the deeds of our jointly

Customer Question

My partner wants to take his name off the deeds of our jointly owned mortgage free home to protect my rights to the house I've lived in for 40 so that his wife who he been separated from for 13 years has no claim against it as he has just been diagnosed with incurable cancer
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Please would you elaborate further on what information you seek regarding this issue? Please also confirm if they have divorced and if they have previously obtained a financial settlement? Also, are you aware if the title is held as joint tenants or tenants in common and if your partner has a will in place?
Customer: replied 1 year ago.
They are not divorced, but made a financial settlement when they separated, he made over their house to her and only took a small portion of what he was entitled to.
I believe it's as tenants in common although I can't really remember and yes he has a will in place naming me as his beneficiary
Expert:  Harris replied 1 year ago.
Thank you - was the financial settlement approved by a court?
Customer: replied 1 year ago.
No but it was done via a solicitor. They have had no dealings since that time. He was going to start divorce proceedings after 5 years, but found out that she would need to know his location and he didn't want that as she would have caused us trouble she still does not know where we are and that's how he wants it to stay
Expert:  Harris replied 1 year ago.
Thank you, ***** ***** court approves a financial settlement arising in relation to a divorce, it is not 100% binding. Your partner can attempt to rely on this agreement but the court has the power to overlook it depending on the needs of each party at this time. I would highly suggest that he pursues the divorce and a consent order reflecting their past agreement to be submitted once the Decree Nisi is granted.The trouble he has is that if he remains married, his wife can make a claim towards his estate, even if there is a will in place and a divorce and court-approved financial settlement will make it more difficult for her to pursue such a claim.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.