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Legal matters

Changing equity share in jointly owned house.

1 reply

lostmyway77 · 14/07/2018 13:06

Hi, I would really appreciate a little reassurance please. Myself and my partner have decided to split before the end of the year. At the moment we both own the house jointly with 50% equity each.
We have discussed finances etc and we have come to the agreement that 90% of the equity should be in my name and 10% to him so we will need to change the deeds to 'Tenants in Common'.
I can't get to see a solicitor until next month though and I am really worried that it may not be as simple as my partner thinks in terms of transferring this amount of equity share over into my name? Does anyone have any experience of this? We would both remain on the mortgage, as we would not be in a position to sell for a few years.

The reason for changing to such an unequal amount of equity share is that he has opted to keep 100% of his pension, and earns very good money. I am limited to part time hours in a minimum wage job due to caring for our disabled daughter 24 hours a day (except for the 20 hours per week when I work and he watches over her).

I can't see why we wouldn't be allowed to do this with us both being in agreement, but it is really worrying me at the moment and I would rather not spend the next 3 weeks panicking Sad

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Collaborate · 14/07/2018 17:09

I’m assuming you’re married. Otherwise his pension would be irrelevant.

What you need is divorce and consent order.

If you’re not married you must strike while the iron’s hot, but he won’t be bound until he puts pen to paper. What you need is a deed of trust which sets out the 90/10 share and which also deals with when the property can be sold.

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