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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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My marriage has broken down, we own two freehold properties,

Customer Question

My marriage has broken down, we own two freehold properties, one in England (currently let to tenants) and a family home in France, both are free of  mortgage.  We are both British Nationals and have been together 34 years, 29 married. My husband offered to transfer his share in the English house to me if I would transfer my share in the French home to him. However, he has since severed the joint tenancy of the English house (1st & 2nd October) saying it is better for me that he does this. He says to safeguard my share should anything happen to him between now and actual settlement. He has a minor heart condition and is 71 years old. However, I have evidence to prove that he is intent on selling the French home, to a buyer he has lined up and first needs me out of the way before he can do this (as per an email to a developer friend). I have two children who reside at the home (18 and 17) who in their short lives have moved far too many times. I am also scared my husband will attempt to either sell or raise a loan against his share in the English house. Can he do this without my consent? My husband is urging me to move out of the family home and gets nasty when I do not comply. I know I can safeguard the family home by remaining in it but how can I safeguard the English house? If my husband does transfer his share of equity, how do I avoid Capital Gains tax? Would it be better to sell both properties and take our 50% share from each? We also own land in Brittany too.

Submitted: 2 years ago.
Category: Law