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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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as a tenant in common would I be able to move home after my

Customer Question

as a tenant in common would I be able to move home after my husband's death or will his beneficiary's need to then be given their inheritance meaning I will forced to stay in our marital home. His will has the clause that I can stay in that house until I die but not the above.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
How much is the house worth and how long have you lived together?
Customer: replied 3 years ago.
we have been married years and lived together and I moved into his house.I am not named on the deeds of the house. We plan to purchase a new house together where both of us will be contributing to the mortgage both monthly and investing our savings. I have no children and he has 2 from his previous marriage. We are currently getting his house re-mortgaged together as he has been trapped in an interest only mortgage until now, but plan to either sell it or rent it in the near future. We are re-mortgaging it in both our names now in order to carry it over to our new home. He wants us to have a tenants in common agreement our current and future home but my concern is that if he dies I would be unable to move as I would not have the money to pay his children their share.
His current home is now worth the same as is owed on it £170k, due to us over-paying, this is the first time he has been in a position to change the mortgage as it sufferred badly from negative equity following the house price crash. I have contributed to the mortgage payments last 6 years but not invested any savings in it so far.
I hope this makes sense?
Mrs Nicola Bromley
Expert:  Clare replied 3 years ago.

Yes it does.
- there will be two properties but your husband wants them both to be held as Tenants in Common?
Customer: replied 3 years ago.

Yes both would be held as such although we hope to sell the current property which I have always considered to be his alone and we hope to sell. This has only come to light because we are changing the mortgage now and the Leeds prefer both names on the deeds.


Expert:  Clare replied 3 years ago.

If you wish to be able to move house and use all the funds to purchase a new home in the event that your husband predeceases you then your husband needs to make provision in his Will
It is easy correct wording to be added - but obviously you and your husband will need to agree on this
Please ask if you need further details