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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10774
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am 60. My wife & I have a morgage together on our property.

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I am 60. My wife & I have a morgage together on our property. We are now seperated & I am still living there but my wife is not. We have not yet told the morgage company this as i am paying the morgage & if my wife comes off the agreement the morgage company will calculate that i can not afford to stay there. My wife as excepted a settlement between us but i need to protect whats left of my asset. Can i simply get her to sign a document saying that she as no more interest in the property & that she as had her settlement & any further profits on the property are mine only. Regards, ***** *****
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Can I please ask if you intend to divorce now or in the future?
Kind Regards
Customer: replied 3 years ago.

We will divorce in the future, Paul

Hi Paul,
Thanks for your reply.
In the short term, you can get your wife to sign a Declaration of Trust which will confirm that she is not entitled to any equity in the property, and which will also detail the monies you have paid to her. Your wife would need to take independent legal advice before signing the Declaration, so there is no question at a later date that she was duped by you into signing the Declaration.
What would be better is for you to instruct a Solicitor to prepare a Separation Agreement, which again will set out the full settlement details and the fact that the equity in the property is yours. Unless either party's financial situation then changes (eg a lottery win), Courts will not normally award any further financial settlement as and when divorce proceedings are issued.
A Separation Agreement is therefore more concrete than just preparing a Declaration of Trust, in that as and when divorce proceedings are issued, either party can at that stage make any financial claim against the other. If there is a Separation Agreement already in place at such time, it will be hard for your wife to try and make a further financial claim against you on the basis that she agreed to the Separation Agreement. If she had only signed a Declaration of Trust, this is not a concrete agreement unlike a Separation Agreement,even if she had taken legal advice about it, and she would be entitled to try and make a further financial claim against you in any future divorce proceedings.
I hope this helps you and sets out the legal position.
Kind Regards
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