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Hello, I will assist today.
If he is still on the title deeds then he is still owner with you of the property.
Is or was there any court order for maintanience for you or the children.
Your sons are passed school age, he is on the deeds, so legally he can claim half the property. If he chose to get difficult he could even apply to court for an order to sell.
If he is willing to sell to,you, then possibly mortgage the property and pay him off.
Another option, just see if he would transfer his part to you, as he has remarried and moved on. Depending how the property is listed on the deeds, would depend what would happen to the property if either of you died. Is the property owned as Joint tenants or joint tenants in common, Very important to know, as could have vast implication if something happens.
Legally, 50% of. Value. Not relevant what has bee spent. The law would say you benefited from that spend by living there. Unfair I know, but that is the law.
If he won’t sell, several possible option available.
Unfortunately it is unfair.
moving on, with the way the deeds are at the moment, if you were to die, he would get your share of property and your sons get nothing. However, if he were to die, you would get his share.
As he has remarried, and moved on, would he consider transferring his ownership to you? If not, then equally to his sons? Just a thought.
I think you have covered all the options here.
If he transfers it then that ends his involvement in the property. He can’t come back for,it.
Yes he can
If property owned as Joint Tenants then ex would get the property under the law of survivorship. The gift in the will, would fail.
Removing name from title would do it, The forms are valid legal forms.
You are very welcome. Take care and good luck.
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