Home & Garden2 mins ago
sludge re joint tenancy
Thanks once agin sludge. What you are saying I would of thought so. Obviously I havent gone into details about my situation but it is one which because my ex severed joint tenancy ie as a way of stating he wants a fifty percent share even though he has not contributed to the mortgage or bills for five years. For me to accept this I would be agreeing he owned 50 per cent. My arguement is that I have never agreed to this but my solicitor is still saying that there is nothing I can do that is why i ned something concrete to point at. Would your argument go down in a court of law,
My problem is i was trying to sort this out but he died, hence his new wife of six months claiming half my property. And as you know property prices have spiralled in the last eight years which will not leave me enough to buy a place for myself if she wins
Answers
No best answer has yet been selected by josieann. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.Hi Josie Ann, I have come late to your discussion. I have checked your previous postings and it is clear that your and your other one are holding a free hold, holding it jointly (joint tenants).
If this is the case...then one party can sever the jointure and convert it to a commonalty, just by issuing a document (=notice). Agreement is not necessary.
I know this posting is NOT what you want to hear, as one answerbanker is saying "X "and another one has just popped in and said, "erm, sorry, ~X" And clearly both of us cannot be right.
Oh and finally the only document that does not serve to sever a jointure is...a will. Any other will do.
josieann. Please take care when following the advice of certain answerbook members giving legal advice. Please note that Peter has given conflicting information to Sludge and this is a good thing. I am not saying that either piece of information is correct/incorrect, just that you should use the editor's advice above.
Peter thanks for your timely input.
josieann - I would be very cautious about giving any of your personal details to anyone on answerbank or answerbook. To quote AB Editor:
'You are advised to discuss your specific requirements with an independent financial advisor prior to entering into any binding contracts'.
I'm not saying the people on AB who are trying to assist you are not qualified, I'm only suggesting you read their advice, then make up your own mind as to what legal steps you should take. Good luck.
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