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Divorce and family law

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Do I need to divorce?

If you decide not to divorce, you will remain legally married to your spouse and your financial claims against each other will remain open indefinitely. The financial claims can only be ended by court order.

Why would you 'sever a joint tenancy'?

Where a property is owned as Joint Tenants, by severing this this means the property will then be owned by the parties as Tenants in Common with specific shares.

What is a 'tenants in common'?

Tenants in Common is another way of how two or more people can own a property together and it will define what proportion of the property that they own.

What is a 'joint tenant'?

Joint Tenants is one way of how two people can own a property together and it means that they own all of the property between them.

What is a declaration of trust?

This is a document that is legally binding and usually sets out how legal owners of a property shall own the shares in that property.

What is TOLATA?

TOLATA stands for Trust of Land and Appointment of Trustees Act 1996 and this is the law that governs property disputes, usually between cohabiting couples but can be used in a variety of different proceedings and set of circumstances.
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