Changing from Joint to Tennant in common, married but I'm contemplating divorce, possibly.

[Feministwoman]

We have been married for over 30 years, are joint tenants on mortgage free home, currently doing will/estate planning.

The advice is to have trust wills, and switch from joint to tennant in common (50/50 shares) on the house.

I'm keen to get this sorted (both had health scares and have vulnerable adult children) , but a bit concerned because I'm still wavering about separation and then divorce from him.

Can any legal advise, am I disadvantaged if we go ahead and switch from joint to tenant in common re the house if we then subsequently divorce?

Apart from only getting 50% of the house value on divorce, rather than a (eg) 60/40 split, are there any other pitfalls to this plan?

He is pushing it, which makes me instantly suspicious even though we are on good terms at the moment.

I just want to know, should I seek independent legal advice before agreeing? We had a lengthy Zoom consultation with the solicitor from the Will/Estates planning person, but as DH was next to me I couldn't ask this question.

And he chose the will/estate planning company

What does it say in the estate planner's paperwork that you signed regarding who they are acting for? Are they acting for both of you? Is it straightforward mediation or something else?

No disadvantage to you in terms of a divorce as the family court can still give you more than 50% if you need it.

Is the wills advisor a solicitor? If so, very unlikely indeed they would advise something better for him just because he was the one that chose them. I would privately get a second opinion if you're not sure.

Sorry, I see it is a solicitor. They have a very tough code of conduct governing their professional behaviour which should be some reassurance to you.

How the house is owned makes absolutely no difference if you divorce. Becoming tenants in common does not limit you to only getting 50% of the house on divorce. As Elbie79 says, the court can still award you more than half the value of the house if that is appropriate.

Thank you for the replies, everyone.