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SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 5413
Experience:  Director and Principal Solicitor. UK
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My dad wants to pass the equity in my flat to me where i am

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hi my dad wants to pass the equity in my flat to me where i am living and carry on paying the mortgage, i have been split from my wife for 4.5 years would she be entitled to any part of my flat thanks
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no nothing yet
JA: Where is the flat located?
Customer: cornwall
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i have three children with her that i pay maintenance for and have them a few nights a week

Good evening, welcome to just answer, I am a solicitor and reviewing your question now for you.

If by splitting you mean separated and not divorced and if she is getting maintenance then regrettably yes if she hears you have a bit more due to the equity she may apply to court for variation of maintenance order to get more. This would be the case if she is still single and not moved on. Any follow up please do not hesitate to send your follow up message. All the best.

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Customer: replied 8 days ago.
ok thank you would the outcome be the same if i was divorced

Hi, technically yes but with a decree absolute you have the opportunity to agree a Consent Order that expressly states that future claims would not be possible or a clean break order. When you just separate and have informal agreements they do not stop anything.