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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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My ex partner has signed a letter of agreement with me, relinquishing

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My ex partner has signed a letter of agreement with me, relinquishing any rights to the house we have a mortgage on. We plan to have it logged with a solicitor. Will this stand up in a court of law?

Have they taken legal advice on the agreement?

Customer: replied 4 years ago.

Not yet but this is what we both want. He knows he could claim half as he is named on the mortgage but after being together for 35 years we want to keep things simple


Thanks for your patience.

The courts have very wide powers to set aside agreements like these if they are not equitable and fair on a party if they have not received legal advice. Simply, giving it to a solicitor and having them hold on to it for you would not breach this threshold unfortunately.

For it to have a chance of being legally binding they would need to have specific legal advice from a solicitor after both you and your partner had disclose each other’s finances completely to each other. The court would attach much more weight to it if you did this.

Really, it is for your benefit that they take legal advice because you want it to be as persuasive as possible. If they are already aware of their position as to equity then the advice they receive should not be too much of a surprise and so is unlikely to rock the boat

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Kind regards,

Customer: replied 4 years ago.

I believe we have been fair with each other. He has the proceeds of our holiday home and I keep the house. At the moment it would be unwise of me to try and have a sole mortgage as I don't earn enough and a buy to let mortgage is not what I want, as the current mortgage has another 5 years to run. This will be notified in the agreement.


Well, yes, fine but it does not really change my advice about: without legal advice it's not going to hold much weight.

Please remember to rate my answer.

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