tenants in common

Joan56 | 18:59 Mon 30th Jul 2007 | Law

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My husband left me a year ago after 35 years of marriage and moved in with another woman straight away. We have one year left on our mortgage. We are not divorced. I wish to make a will and have been advised to change the tenancy to Tenants in common so that I can leave my share of the property to my children if i die before any setttlements are made over our separation. However, I understand that my husband will also have this right and could leave his share of the property to his new partner. If he died could she force me to sell to release her inheritance or could I just refuse? Also , could he force me to sell to gain the equity on the property?

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MustafaTickl

Either party to a joint tenancy can at any time and without notice unilaterally end it and change it to a tenancy in common by the making of a simple statement saying that it is at an end. The other party cannot oppose. So if you do not do it your ex might.

Any member of a tenancy in common can at any time apply to a court for an order to sell a property pleading that the members of the tenancy in common cannot agree upon the management of the property. These orders are never refused.

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