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My husband and I separated 10 years ago and sold the marital home, splitting the proceeds and assets 50/50. We agreed that he would pay me 50% of his pension on maturity and I am joint owner of his house to provide a widow's pension. We are now considering divorce and I am concerned that he can change the house ownership to tenants in common without my consent. Is this the case? What can I do to protect myself?
Yes. Nothing in writing. All I have is the official copy of register of title which has me named second in the title absolute. I presume, therefore, we are joint tenants as there is no A restriction.
she wasn't offline when she asked the question. I am beginning to get concerned ...
I replied an hour ago. I am stuck sitting on the computer waiting ...
If he severs the joint tenancy, does he have to state what percentage I get as tenant in common? Surely, as joint owner, I can prevent him selling (if I want to), so he can't make me a zero% tenant in common? Or can he?
My worry is that, if he gets wind of my fears by my applying for a court order, he will move fast to block me before the order is made.
What I meant by blocking was, if he found out I had applied for a court order to (say) stop him severing the joint tenancy, he could move fast and sever it before the court order is made.
Unfortunately mediation is a problem - we live 300 miles apart!
Thanks for the reassurance that the worst he can do is change it to a 50/50 split. Looks like a trip to a solicitor is in order! Or would I be better starting off with a financial advisor to sort out the pension details? (Currently he gets the "family" pension in his name only, but sends me 50% every month. This agreement has never been put in writing)