House in both names sold, new house put in one name??

anon35

Hope someone can tell me whether this is legal or not.

House was sold. Deeds were in both Husbands and Wifes names.

Wife goes abroad for 4 weeks expecting all paper work for purchase of new house(mortage free) to be waiting for signature when comes back.

Comes back to find solicitor had informed husband that closure could be expidited by new house deeds being signed by him only and then in 3 years half ownership of house signed back to wife. (Quicker, blah blah, Tax implications, blah, blah)

Wife livid at not being consulted by phone by husband, livid that this only saved 2 weeks and it seems to have been more for the solicitors benefit than hers or her husbands. Livid that should he die tomorrow, their sons inherit everything leaving her with nothing(loves her sons, sons love her but who knows what the future holds).Livid that he could hit his head tomorrow, go mental and leave the house to the ISPCA, livid that he could run off with another woman tomorrow etc etc

Leaving her with nothing and no rights to half the family home after 35 years of marriage.

What are the legalities of this??

maidhc

anon35 wrote: »

Hope someone can tell me whether this is legal or not.

House was sold. Deeds were in both Husbands and Wifes names.

Wife goes abroad for 4 weeks expecting all paper work for purchase of new house(mortage free) to be waiting for signature when comes back.

Comes back to find solicitor had informed husband that closure could be expidited by new house deeds being signed by him only and then in 3 years half ownership of house signed back to wife. (Quicker, blah blah, Tax implications, blah, blah)

Wife livid at not being consulted by phone by husband, livid that this only saved 2 weeks and it seems to have been more for the solicitors benefit than hers or her husbands. Livid that should he die tomorrow, their sons inherit everything leaving her with nothing(loves her sons, sons love her but who knows what the future holds).Livid that he could hit his head tomorrow, go mental and leave the house to the ISPCA, livid that he could run off with another woman tomorrow etc etc

Leaving her with nothing and no rights to half the family home after 35 years of marriage.

What are the legalities of this??

There are lots of things I would like to say, but will only say one:

The wife should talk to another solicitor!

stepinnman

maidhc wrote: »

There are lots of things I would like to say, but will only say one:

The wife should talk to another solicitor!

I second maidhc's advice!! The wife in the above situation retains her interest in the home. This is exactly the type of scenario envisaged by the drafters of the Family Home Legislation and shoould her husband try to deal in the property without her consent it is at this point that her ordinary rights to the home would kick in. In the interim though she should see her own independent Solicitor and perhaps even consider reporting her Husband's Solicitor to the Law Society, for what good that will do!

Sangre

Go to another solicitor.

But firstly the wife should be aware she still has lots of rights to the house, from legislative to equitable ones. Even if the wife isn't on the deeds, the husband can't sell the house without the wife's permission because of the family home protection act etc..

Was the first house sold without a family home declaration by the wife? Surely a purchaser solicitor would be mad to proceed in the sale without one.

If the husband died why would the son get everything? Surely in any spousal will the wife gets everything. Even if not, a wife can't be excluded from a will. If the husband dies intestate the wife gets 2/3rds of the estate.

Maximilian

No legal advice. Consult another solicitor.