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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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can i state in my will that my half of myproperty can be left

Customer Question

can i state in my will that my half of myproperty can be left to my children and not be sold by my husband without thear consent
Submitted: 5 years ago.
Category: Law
Expert:  James Mather replied 5 years ago.
Is the property owned as joint tenants?
Customer: replied 5 years ago.

my property is not owned as joint tenants

Expert:  James Mather replied 5 years ago.

Provided the property is tenants in common you can leave your half of the property to who you like and your husband cannot sell it without the co-owners consent nor can the co-owner sell it without his consent.

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Expert:  Clare replied 5 years ago.
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your questions.
Within your Will you can indeed leave your share of the property to your children.
However unless you build in some form of protection to ensure that your husband at least has the right to remain in the property should me wish to do so then your husband could apply to the Court for proper provision to be made for his future housing.
However provided there is provision for him to remain in the house if he wishes then in fact either the children or your husband would be able to force a sale of the house if they wished to do so