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Are "Quit Claim deeds" valid in the Uk?

(5 Posts)
LizzyA123 Sat 30-Jan-10 23:22:21

My Sister got divorced and her ex remarried. My sister still lives in the matrimonial house with her kids, pays all the bills, mortage etc with no financial input from her ex. The mortgage lender won't let Sis take the ex off the joint mortgage, back up for them I suppose if she becomes unable to support it on her own, she is managing at the moment.

Her worry is that her ex still has a claim to any equity in the house as he is still jointly named on the title deeds. Ex has verbally told her that he no interest in the house and she can keep it but is there a legal document, valid in the UK, that he can sign to relinquish all claim to any value in the property?

Sis is concerned that if Ex dies her home would be classed as part of his estate or if Ex gets into financial difficulties he could force her to sell up to bail himself out.

I have heard of Quit Claim deeds but are they valid in the UK?

Any ideas

OldLadyKnowsNothing Sun 31-Jan-10 17:43:14

I'm pretty sure there's something a lawyer can do - a friend of mine had an "interest" in a flat she and her H had lived in briefly and she was able (and willing) to sign away her rights when they split up.

LizzyA123 Fri 30-Aug-13 00:53:46

Update. My sister's ex husband originally said that he had no interest in the property and that she could have it. He did not put this in writing and is now saying that he is entitled to a share of the equity in the property when it is sold. He has not paid anything towards the mortgage or upkeep of the house since the divorce and has managed to avoid paying maintenance for my sis and their children also. The divorce was over 10 years ago. My sis' is not well off, she only works part-time and can't afford a legal battle.

Am I right to think that he is entitled to a share of any equity based on it's value at the time of divorce but that any further equity would belong to my sis' as she has paid the mortgage and bills since. Will it be down to her to prove that the ex hasn't given her money if he says that he has?

Lonecatwithkitten Fri 30-Aug-13 07:21:56

She needs legal advice from a family law solicitor and then get a financial consent order finalising their financial consent orders tying up their financial affairs once and for all.

babybarrister Fri 30-Aug-13 21:36:31

Message withdrawn at poster's request.

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