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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34902
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have bought 4 houses in London which are my pension. I bought

Customer Question

I have bought 4 houses in London which are my pension. I bought them jointly with my husband even though it was my money that bought the majority of these houses. My husband has just changed them to tenants in common. What would happen if he died, there is a considerable amount of CGT involved. Can I dispute the change
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Why has he done this?
Are divorce proceedings pending?
Customer: replied 2 years ago.

He has done this as he has been bullying me for years to put my house where we live in joint names, to sign a will that he has written and he has now put marital rights on my home. I am planning to lodge a petition for divorce in April. He is not aware of this. He lodged a divorce petition and then withdrew it earlier in the year.

Expert:  Clare replied 2 years ago.
You cannot challenge the fact that the Joint tenancy has been severed I am afraid - but within the divorce proceedings you can claim a larger share of the equities - if not all of them.
In fact he has done you a favour as he has ensured that if anything happens to you he will not automatically inherit the houses
I hope that this is of assistance - please ask if you need further details
Customer: replied 2 years ago.

My husband is 71 and quite a bit older than myself, so what concerns me is what would happen if he died before I divorce him. Presumably his daughters would have half of my houses, how would they pay inheritance tax, would the houses have to be sold? Then I would have to pay CGT on any sale or transfer. What could I do? Could I insist on keeping the houses and not transferring my share, they could not afford the inheritance tax.

Expert:  Clare replied 2 years ago.
Do not worry
You will still be able to challenge the shares - and indeed make your own claim on his estate.
However it would be a good idea to start the divorce proceedings sooner rather than later