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my husband is leaving and wants to leave me the house and doesnt

 
John Knox's Avatar
  • Answered by:John Knox
  • Solicitor
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Customer Question

my husband is leaving and wants to leave me the house and doesn't want any of his share. is there an agreement (document) he can sign to say this, and is it simple to take his name off the morgage and the deeds? we both don't want a divorce but in years to come if we do, and he has done all the above would he still be intitled to anything?

 

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Province/Country relating to question : england

Submitted: 289 days and 5 hours ago.
Category: UK Family Law
Value: £27
Status: CLOSED

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Expert:  John Knox replied 289 days and 5 hours ago.

Hello,

I will do my best to help you with this.

You really could do with having a separation agreement prepared for you by a solicitor, recording the terms you have agreed. That is the best way to ensure that what you agree now has the best chance of being upheld by the Court in the event that one of your later changes your mind.

You could certainly transfer the property into your sole name at the Land Registry. You would also need to re mortgage in order to get the mortgage in your sole name.

Having all of that would make it very difficult, but not entirely impossible, for your husband to later fight for something more in Court.

Please rate me OK SERVICE or above and I will happily answer your follow up questions.

John

Expert TypeSolicitor
Category: UK Family Law
Pos. Feedback: 97.6 %
Accepts: 89
Answered: 7/2/2012

Experience: solicitor with 8 years experience as a general practitioner

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