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Tenants in Common query and paying maintenance for soon to be 18 year old Son

Posted by MancAnt 
Tenants in Common query and paying maintenance for soon to be 18 year old Son
August 16, 2021 12:45PM
Hi,
Just looking for some feedback. My current Wife and i may started proceedings to go through a divorce. We have been together for 21 years but only married for 2. When we got married we changed her details on the Title Deeds to her now married name but previously we had filled out a TR1 form which is still in her maiden name for the house to be in "tenants in common" 100% me 0% to her ( i know this is strange but it was drawn up as i wanted it like this). In the eyes of the law even though it is in her maiden name is this document/status still valid and therefore she is entitled to 0% of the house? Also if we were to divorce would i still pay full maintenance for my soon to be 18 year old Son who will still be at full time college.
Re: Tenants in Common query and paying maintenance for soon to be 18 year old Son
August 16, 2021 06:09PM
You have been together for 21 years and now you are married. The house is the matrimonial home. The notion that she is entitled to 0% because of some transfer form is fantasy.

So long as your son is in full time education (limited to first degree level or equivalent) you are still liable to maintain him.
Re: Tenants in Common query and paying maintenance for soon to be 18 year old Son
August 18, 2021 04:14PM
If thats the case what is the point in filling out a TR1 form stating the tenants in common form and %s then?
Re: Tenants in Common query and paying maintenance for soon to be 18 year old Son
August 18, 2021 06:48PM
Because, surprise you though it may, a TR1 is primarily a document which transfers title to property and as such it is used by married and unmarried people, companies, trusts, unincorporated associations, etc etc. Its purpose is not to determine property rights upon divorce. That is what section 25 of the Matrimonial Causes Act is for.
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