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Joint Homeowner divorcing

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  • Joint Homeowner divorcing

    HI
    I jointly own a house with a friend who is getting married. In the event that they get divorced in the future, what happens to the house that I own, do I lose it if they divorce, as I presume half of the house that they own will be split between them, right etc? I dont know what would happen to me then who is a co-owner and resident in the house.

    Worried right now!
    Tags: None

  • #2
    You may find this to be useful in explaining what your and your co owner status is;
    https://www.pettyson.co.uk/about-us/...ants-in-common

    The Land registry copy of the property will establish what that status is.

    Comment


    • #3
      Do you have any kind of written agreement with your co-owner?

      If what you fear comes to pass, the house may have to be sold, in which case you will receive your share of the equity. One co-owner can take the other to court to force a sale under the Trusts of Land and Appointment of Trustees Act 1996.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        If you do nothing else, make sure that you and the other person own the house as 'tenants in common'.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          I will give you a bit more detail

          So I own the property with my sister (she is unmarried and does not plan to, apparently). We are both tenants in common (I double checked on the titile doc at the land registry). She has mentioned that in the event that she dies , she will pass her share on to her son. Now, if he gets married at any point after he inherits his share (this is obviously hypothetical), and then later divorces, what can happen? Can I lose the house? As I live there with my wife and 2 kids.
          Or can he sign a prenuptial with his future partner stating that the house should be left alone in the event of any separation / divorce etc?




          Comment


          • #6
            A prenup is possible. Your other questions have been answered in post #3.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment

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