House deeds -need to check pre-divorce

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I don't know if this is the most appropriate forum so please feel free to move accordingly.
My Mum is looking at a very messy divorce and, having been married for over 40 years, is at a total loss as to how she can get through this without having "him" continue to bully her and walk all over her.

First thing we need to check is the name on the house deeds. I have looked on the Land Registry site but it appears that although the name(s) are shown it does not indicate if the signatories are "tenants in common" or "joint tenants".
Where can we find this out please? Any advice, (non-judgementally and keeping to facts) would be welcome.

Thank you

Comments

  • Land_Registry
    Land_Registry Posts: 5,817 Organisation Representative
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    edited 28 March 2017 at 9:08AM
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    There is no definitive source for confirming how they hold the property although many will look at the register to see if there is a form A restriction registered after their names. Have a read of all our online guidance for more details of how and where such information may be held.

    If there is no form A restriction then ask Mum if they've done anything specific re their wills or borrowed money against their individual share in the property etc
    Official Company Representative
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  • jackieblack
    jackieblack Posts: 10,318 Forumite
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  • TBagpuss
    TBagpuss Posts: 11,205 Forumite
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    It will only matter if one of them dies before the divorce is finalised, as it only makes a difference to who inherits.

    Given that they have ben married for 40 years, when it comes to deciding who gets what it is extrmely unlikely that issues such as who contributed what (and whether one of them originally have a larger or smaller share of the proeprty) will be relevant.

    If she does want toaddress the inheritance issue then she can serve a notice of severance of joint tenancy - it would not mater if they were already joint tenants!

    I would suggest that you encourage her to see a solicitor as soon as possble. If she would like, she can take you, or another trusted friend with her for support.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • positiveR
    positiveR Posts: 57 Forumite
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    Thank you; this is all very "new" and she is a "strong woman" but she has had that (emotionally) beaten out of her - only just started using a mobile ; now I need to get her online.
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