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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 07-22-2020, 12:37 PM
janice020204 janice020204 is offline
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Can one spouse change the ownership of matrimonial home from joint tenancy to tenants on common on their own without consent of the other
partner?
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Old 07-22-2020, 01:39 PM
rockscan rockscan is offline
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Originally Posted by janice020204 View Post
Can one spouse change the ownership of matrimonial home from joint tenancy to tenants on common on their own without consent of the other
partner?

Yes if they own the property. More than likely your husband is doing it to ensure his property goes to his estate and not you. Its common practice for married couples who have children from another relationship. You may want to speak to an estate lawyer about competency and decision making. From the sounds of your posts it seems like your husband is changing his will and business/property ownership to ensure everything goes to his kids rather than you. He is legally allowed to do this if he is of sound mind and judgement and you may not like it but it is his right. If you are concerned about being left high and dry should he die then divorce him and get an agreement for spousal that can be collected from his estate.

Otherwise he is simply making sure no one but his kids get anything on his death.
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Old 07-22-2020, 08:56 PM
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Originally Posted by rockscan View Post
Yes if they own the property. More than likely your husband is doing it to ensure his property goes to his estate and not you. Its common practice for married couples who have children from another relationship. You may want to speak to an estate lawyer about competency and decision making. From the sounds of your posts it seems like your husband is changing his will and business/property ownership to ensure everything goes to his kids rather than you. He is legally allowed to do this if he is of sound mind and judgement and you may not like it but it is his right. If you are concerned about being left high and dry should he die then divorce him and get an agreement for spousal that can be collected from his estate.

Otherwise he is simply making sure no one but his kids get anything on his death.
OP, do you have a lawyer on retainer? If you are a registered owner, changing the manner in which title is held in no way changes your entitlement to a division of the property.

(Frankly, for a mat property, it doesn't even matter if you are a registered owner or not -your entitlement is 50%).

So your ex is trying to work with his 50% - meh, let him do so. You should also be drafting your own new estate plan.
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Old 07-24-2020, 01:27 PM
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Originally Posted by janice020204 View Post
Can one spouse change the ownership of matrimonial home from joint tenancy to tenants on common on their own without consent of the other
partner?
Here is the simple answer to this question, which by itself would not conform to the 10-character minimum stupidity imposed on posts by the forum software:

Yes.
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