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beneficiary interest help please

  • miss_cheeky
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09 Nov 08 #63878 by miss_cheeky
Topic started by miss_cheeky
hi there can someone please enlighten me on how do me n my partner go about assisgning me the beneficial interest in the property that is currently in his name and we both live in and how much does it cost do we go to a solicitor what is the process and how long does all the procedure take etc.... we have a son together . he has split up with his ex wife and has left the matrimonial home which is in both there names.. his ex is asking for a stake in the house that me and him share please someone any advice is a great help many thanks

  • LittleMrMike
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09 Nov 08 #63898 by LittleMrMike
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Let me tell you my first reaction.

First of all, I assume that you are not married, and that the house which you have bought is in his name alone.

If I am right in making that assumption, then there is an issue which to my mind is obvious. That really concerns the advice which was given when the house was purchased.

I would like to know whether he bought the house as a residence for both of you, or whether your relationship began AFTER he had already bought the house.

The law relating to cohabitation is extremely involved and difficult and frankly, I do not consider myself qualified to advise you on it, and the only contributor to the site who would be so qualified is Amanda ( divorcelawyer ).

If it helps, my inclination is to think that the fact that your partner had bought a house for his own occupation is going to be highly relevant to the issue of how the Court deals with the former marital home. It is far more likely that a Court would much prefer to award the wife a larger share in the former home , rather than to make an order which would force your partner to sell the house to satisfy her claims. To do that would of course have a serious effect both on you, and, critically, of your child.

I'm also inclined to have serious doubts as to whether any attempt by your partner at this stage to dispose of all or part of his interest in the house would be effective. It might simply be seen as an attempt to defeat the claims of the former wife.

I think I would try using the free half hour service wikivorce offers but the situation is potentially complicated and I do not like offering advice unless I am sure I am right.

Mike

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09 Nov 08 #63902 by miss_cheeky
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we were in a relation ship before he bought the house i was pregnant with his baby when we moved together .. im so lost and scared as to whats going to happen

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09 Nov 08 #63908 by miss_cheeky
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would it help if the matter does go court and my partner agrees to signing over his half of the matrimonial home to his ex will that not be enough for her why does she want a part of my home that i share with my partner

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