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House deeds -need to check pre-divorce
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positiveR
Posts: 57 Forumite
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
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
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Comments
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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
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
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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!)0 -
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.0
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