Your legal questions answered by Fahmida Ismail, Partner at Sydney Mitchell LLP. As featured in Worcester News, 11th November 2014.
Q. I walked out of the marital home two years ago after my wife was unfaithful. My wife looks after our two children and has a child by her new partner and is unwilling to sell or move. There is about £60,000 equity in the property currently; is there anything I can do to make her sell?
A. Depending on what other assets you have, a court may well allow your wife to remain in the house until your youngest leaves school. You could ask the court to order the property to be split 50/50 at that stage, but your wife could suggest that you only receive half the equity at the date you left. It’s possible they will be prepared to buy you out, but you may have to accept less if you want some money now.
Q. I am a member of a group insurance scheme through my employers. A year ago I had a bout of cancer for which I was able to claim a small critical illness payment. Now I have been unlucky enough to develop another primary cancer, and although all the doctors agree that it is completely unrelated to the first, the insurers refuse to consider a further payout.
A. This will depend entirely on the policy schedule. Read this document carefully, since it forms the basis of a contract made between the insurance company and your employers. There are unlikely to be any grey areas. If it excludes a second payment for an illness you will not be able to make a claim. If necessary ask an insurance expert to examine the document.
Q. Since our property is in joint names, is there any reason why we should send forms to the Land Registry asking them to make us joint tenants?
A. The term “joint tenancy” is used to describe the situation where two or more people share in the ownership of a property, and neither has a specified share. When a person who owns property in this way dies, their share passes to the surviving owner or owners automatically. People sometimes divide the ownership of their property into distinct shares by becoming “tenants-in-common”, often when they separate or divorce, or for tax reasons. Whether your property is registered at the Land Registry or not, your ownership details will be recorded on your title deeds; you will already be either joint tenants or tenants in common.
For further information on any of the issues raised, please contact Fahmida Ismail on 0121 698 2200 or fill in our online enquiry form.
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