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Where do we stand?

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makecamo | 12:57 Tue 21st Feb 2006 | Business & Finance
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My husband brought his house many years ago with his first wife, both there names are on the deeds. She left him and they have never amended the deeds or any form of payment been agreed for the 1/2 the house she owns. I have am now married and we both live in the house, and have done for 15 odd years, where do I stand legally regarding this?
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Deeds have been done away with for years now, it is only how you are Registered on the Land Registry computer which counts now. If there is any doubt about the names on your title, click here and follow the instructions to inspect your Registry entry.
If the title is still in the name of your husband and his ex then you stand nowhere at all, I'm afraid. Your husband can Will you his half if he is Registered as tenants in common with his ex, or the ex will automatically receive the whole property and you nothing if he is Registered as joint tenant (or, if she were to die first then your husband would automatically receive the whole property). The ex can return at any time and force a sale if she is a tenant in common (and so, of course, can your husband), however if they are joint tenants a sale cannot be forced. That is the basic situation, but, depending upon the way the title is currently held, there may be a couple of simple things that could be done to improve your position.

There is another danger, if this ex wife runs into financial debts somewhere, her creditor could try to obtain an order to sell the house in order to recover. They could only help themselves to her half of course, but you and your husband would be left with half a house's worth - so to speak. May not be enough to buy another house.

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