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RJM Law, Lawyer
Category: Law
Satisfied Customers: 3480
Experience:  LL.B (Hons)
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Divorced, ex husband was awarded and remained in matrimonial

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Divorced, ex husband was awarded and remained in matrimonial home which has a mortgage in joint names. House is owned as joint tenants. Ex husband was ordered by court to remove my name from mortgage and deeds within six months. He has done neither stating he cannot remortgage and while I remain on the mortgage he is unable to remove my name from the deeds. Not concerned about outstanding mortgage as there is sufficient equity. Question is if he were to die with things as they stand would I automatically get full ownership of the property even though divorce settlement awarded it to him? My intention would be to sell and divide equally between our adult children. I doubt very much that he has made a will.
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

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Customer: replied 10 days ago.
Should mention that divorce was finalised in 2015 so he has had 6 years to deal with this

Thank you for the question.  You would not automatically obtain the house no.  Although I there would be some difficulty for the beneficiary of the home with your name on the deeds, but this is something that would get sorted out at  a later date if required.  When the decree absolute was granted the legal rights ended, as the house was awarded to your ex-husband it would become his sole property (unless otherwise decreed by the court) which would negate you from having a legal claim on the property.

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