When dealing with the family home, the Court will also consider the intentions that each person has in respect of the property. Co-op Probate Saves Client £130,000 Inheritance Tax Liability, Co-op Probate Gets £4,000 Council Tax Refund for Estate. Dealing with Probate Shares Owned in the Wrong Name. There is no such thing as a quick divorce. The matrimonial pot effectively contains ever… Search for Missing Beneficiaries – Probate Case Study. Is it Worth Paying a Solicitor to do My Divorce? Probate Case Study – Helping Family Abroad with Practical Steps after Death. The Financial Conduct Authority does not regulate some forms of buy to let mortgage. What is an Energy Performance Certificate and Why Do I Need One? If you’re trying to avoid adverse credit, then many lenders will force a joint application, although there are some lenders who will consider a loan to the partner with a clean credit rating. Sorry, our lines aren't open at the moment but you can have us call you back at any time that's convenient to you by using the callback form. Are Estranged Children Entitled to Inherit? Please email us on [email protected] if you see anything that needs updating and we will do so ASAP. How Probate Works when the Deceased Owned a Business. Being named on a mortgage means you have a responsibility for making payments, but does not automatically mean you’re a joint owner. Can I Claim for Psychological Injuries after an Accident? How to set up a Lasting Power of Attorney. Co-op Legal Services Does The Apprentice Style Charity Fund Raising, Bristol gets first glimpse of new-look Co-op Legal Services, Co-op Legal Services Sponsor Red Shoe Walk to Support British Red Cross, Trainee Solicitor Runs London Marathon for British Red Cross, Co-op Acquires Collective Legal Solutions, British Red Cross Staff Judge our Santa Hat Competition, Nepal Earthquake Appeal Thanks Co-op Customers Members Staff, Co-op Legal Services announces new partnership with Opal, Ian Powell Joins Co-op Legal Services from Irwin Mitchell, Gobbledegook from professionals confuses Brits out of an estimated £2.9 billion a year, The Co-op is first consumer brand to be granted Legal Services license, The Co-operative Group promotes legal services to food shoppers, Scottish Will and power of attorney services, Personal Injury and fatal accident claims home, Solicitors Regulation Authority under registration number 567391. Buying a House? Probate and Inheritance Explained for Same-Sex Couples. Cycling Accident Case Study - £250,000 Compensation, Claiming for an Accident Caused By an Uninsured Driver, High Risk Work Environment Accident Claims, For a Motorbike Accident Claim, Get a Solicitor that Rides Motorbikes, Claiming for an Accident on Holiday Abroad, Pedestrian Accidents - Important Message for All Road Users, Clinical Negligence Reforms May Impact Access to Justice, Car Accident Injury Claim Awarded £263,000 Compensation, Car accident claim settled for £1,200,000 compensation, Serious injury claim awarded £1.3 million compensation, Car accident claim awarded £600,000 compensation. Shared Parental Leave for the Self-Employed, Parents Entitled to Bereavement Leave under New Law. Know the difference and where you stand before rushing into any action, your spouse can be on the mortgage but not … Co-op Probate Saves £30,000 Capital Gains Tax for Charities. How to Manage Beneficiaries’ Expectations as an Executor. What Does it Mean When a Will is in Probate? In this ‘How-To’ guide we look at how a legal claim can be brought to protect your interest in the property even if your name is not on the deeds. Is a Cohabitation Agreement Valid after Marriage? Even if your name is not on the title deeds, you automatically acquire occupancy rights to the family home when you get married or register a civil partnership. Online Wills Encouraging Younger People to Make a Will, DIY Wills Blamed for Rise in Contested Estates, Managing an Investment Portfolio in Old Age. The only way it would be appropriate to buy as tenants in common is to mitigate your inheritance tax liability. I Have a Will, Why Do I Need a Lasting Power of Attorney? Can I Defend Myself against Unreasonable Behaviour in Divorce? What Happens if an Executor Doesn't Follow the Will? It also means that the legal owner cannot make the other person move out or prevent them from moving back in if they have moved out temporarily. Co-op Responds as Law Commission Consults on Overhaul of Wills. Has Your Employer Breached the Acas Code? The advisors we work with can guide you through the process and find the right mortgage broker to suit your particular circumstances, i.e. What Does the Executor of a Will Get Paid? How Long Does Probate Take Without a Will? Your partner not being on the title deeds will also mean that their income can’t be used to calculate the maximum you can afford. Probate Required for Life Insurance Policy to be Paid Out, All Tax Work Carried Out with Co-op's Probate Complete Service. Are Residuary Beneficiaries Entitled to See Final Estate Accounts? Is a Lasting Power of Attorney Valid after Death? There is no such thing as a common law marriage, so who gets the house? Car Accident Shoulder Injury Victim Awarded £7,300 Compensation, Reducing the Risk of a Road Accident this Christmas, £2.25m Compensation Achieved for Brain Injury Victim, Bikers – Make Sure You’re Seen This Winter, What to Do if You Suffer a Slip, Trip or Fall at Work. What if a New Will was Made Just before My Loved One Died? What Are the Family’s Rights during a Coroner’s Inquest? Neighbouring Trees and Building Subsidence, Obligations of Accidental Landlords Explained. Will My Ex be Entitled to a Share if I Win the Lottery? Customer Very Pleased with Co-op Probate Service. Before getting married, the property will have been owned solely by the person named on the deeds and/or mortgage. What is a Conditional Order in Civil Partnership Dissolution? A transfer of equity means you're changing the people who are legally responsible for paying off the mortgage. My name is also on the house we will pay 50/50 mortgage. Once the two people marry, the property will go into what is often referred to as the “matrimonial pot”. Do I Need Probate to Access Bank Accounts? Should Civil Partnerships Be Available to All? You Might Have Accidentally Voided Your Will, 25% of Brits Risk their Partner Not Finding their Money when They Die. In the case of married couples, either partner may buy such insurance if their name is on the mortgage contract. How Do I Buy My Freehold If I Own a Flat? For initial legal advice please call our Family Law Solicitors and we will help you. Once the two people marry, the property will go into what is often referred to as the “matrimonial pot”. After a Divorce Can I Still Claim My Share of the House? Client Afraid to Travel after Road Accident Receives Treatment at Home, Woman Injured By Golfer Awarded £3,000 in Damages. Or if you are paying money towards the mortgage repayments. The Court will also want to know why the property is only in one person’s name. What is a Separation Agreement and Why Do I Need One? Which Deaths Are Reported to the Coroner? Can I Keep My Married Name When I Divorce? Our advisors specialise in mortgage applications that aren’t straightforward. Is Now the Right Time for First Time Home Buyers? If you are not a joint owner of the property you may still be able to claim an interest in the property if you can show you have contributed to the property in other ways. What’s the Difference between Direct and Indirect Discrimination at Work? £30,000 Awarded to 12 Year Old Witness of Serious Car Accident, 15 Year Old Awarded £500k for Post Concussive Neurological Injuries. By making an enquiry you accept that your information will be passed to one of the specialists. The short answer is yes, you may well have rights. Ethical Veganism Now a Protected Characteristic in the Workplace, Examples of Employment Law Cases of Unfair Dismissal. Many people buy a home as an unmarried couple. Do I Have to Use a Conveyancing Solicitor? Who Can Make Funeral and Probate Decisions after Someone Dies? Can Your Role be Made Redundant When You are Pregnant? How Do Employment Settlement Agreements Work? So we’ll need to look at the income, financial commitments, location and circumstances of everyone you want to be named on the mortgage – this is to make sure it’s still affordable, and that everyone who’s applying to be added to the mortgage is eligible. The name on the property deeds and mortgage will state who the legal owner is, but this doesn’t mean to say that the other person won’t have any legal stake in the property. When Will I Receive My Money After Selling My House? Do I Have to Be Married to Make a Mirror Will? Then it probably doesn't matter if … When getting a divorce, the amount of interest that each person has in the matrimonial pot and in individual assets (such as the family home) can be determined by the Court, who will consider a number of factors. How Long after Probate Can Funds be Distributed? Divorce Case Shows Importance of Clean Break Orders, Unmarried Woman Wins Pension Battle in UK Supreme Court, Separation Agreements for Couples Living in the Same House, The Child Maintenance Options Service Explained, Favourable Divorce Financial Settlement - Case Study, The Divorce Process in England and Wales Explained, Parental Rights for Contact with Children after Divorce or Separation, Family Property and Child Custody Dispute Divorce Case Study, Divorce Lawyers Claiming $600,000 on Prince’s Estate. Do Beneficiaries Have to Pay Inheritance Tax? When a mortgage loan is used to purchase a house, the deed to the property is prepared to include the borrower's name. and, if the property is in your name only, you can claim. In fact, under some circumstances, it may be beneficial for both of you if your husband gets the mortgage in his name alone. It's certainly advisable to get the house put into joint names, but even if you didn't, because you're married, if the worst happened, the court has jurisdiction to make pretty much whatever order it sees fit, so could transfer ownership to you outright if appropriate. If you or your spouse have a bad credit rating, a single mortgage may be worthwhile although, depending on the severity of the issue, lenders may need a higher deposit. We are married or in a civil partnership and one of us is the sole owner. This is because, now that the couple are married, they both have an interest in each other’s assets. Does a Prenup have to Be Signed before the Wedding? They will offer any advice specific to you and your needs. How Does Probate Work if You Can’t Find the Will? Can a Mixed Sex Couple Enter into a Civil Partnership? I Started Probate but Want a Solicitor to Take Over, Removing a Professional Executor of a Will. How Could Brexit affect Divorce in the UK? All rights reserved. Is Probate Required if there is a Surviving Spouse? Does a Will Really Make a Difference to Those Left Behind? Some types of buy to let mortgages are not regulated by the FCA. Online Mortgage Advisor, Bezant House, Bradgate Park View, Chellaston, Derby, United Kingdom, DE73 5UH, Think carefully before securing other debts against your home. It may be that they have paid to maintain the property, paid for repairs and made contributions to the family. Top 10 Reasons to Use a Divorce Solicitor, Madonna’s Rocco: The Role a Child Plays in Child Custody Court Cases, Divorce Case Study - Husband Agreed to Nothing, Family Law Case Study - Prohibitive Steps Order & Non-Molestation Court Orders. Wills Solicitor Explains Wills in Senior Lifestyle Supplement, No Will Leaves over a Million Brits Feuding, 35% of Brits Want to Donate to Charity in Wills, but Only 7% Do, Mirror Wills Case Study - Couple to Retire, Recently Married Couple - Child with Learning Difficulties, Challenging a Will, What you Need to Know, 8 Reasons Why DIY Wills May Not Be Appropriate For Everyone, Intestacy rules undergo first major change since 1925, Expecting an inheritance windfall? Lender criteria and policies change regularly so speak to one of the advisors we work with to confirm the most accurate up to date information. Will Receiving Personal Injury Compensation Affect My Benefits? Contacting your mortgage lender. Government’s ‘Good Work Plan’ Explained for Workers. Buy Insurance When You Exchange Contracts. How Long Before the Balance of an Estate Can Be Distributed? Or was it purchased while the couple was together, but one person had a poor credit rating? Do I Need a Solicitor if I Agree to Divorce? In this article we provide detailed information on the following topics: If you’re already set on going ahead and organising a sole mortgage even though you’re living with your partner, skip the reading and talk to an expert broker who can answer all your questions and help you get a great deal. Probate Case Study – Executors in New Zealand and UK, Locating a Deceased Person's Hidden Assets during Probate. Proposed Amends to the Fatal Accidents Act, Road Accident Victim Awarded £4,500 for Injuries and Loss of Earnings, Client Awarded £10,000 in Product Liability Claim. Your spouse cannot then force you to leave the property, unless they obtain an Occupation Order from the Court. Legal Rights of Cohabiting Couples with Children. What are the Average Conveyancing Fees for 2016? Choosing a Conveyancing Solicitor Help Guide, 2nd phase of Help to Buy scheme launched on 8 October 2013. Taking the Stress Out of Court Order Applications, Specific Issue Order Allows Father and Son to Relocate to USA, Protecting Your Investment from the Bank of Mum and Dad, UK Divorce Court Upholds Pre-nuptial Agreement Settlement Amount, International Divorce Financial Settlements and Your Rights. We are an officially recognised Introducer Appointed Representative and can be found on the FCA financial services register, number 697688. What Does Letters of Administration Mean in Probate? Over Half of UK Parents Have Not Made a Will, Trusts in Wills and What They Can Do for You, Lasting Power of Attorney Step-by-Step Guide, 51% of UK Adults Expecting an Inheritance Could Be Disappointed, People Need to Make a Will, for the Sake of their Families, The True Expense of Not Having a Lasting Power of Attorney, Death Was Never a Taboo Subject in their Family, Donations to Charities in Wills Increases by 30%, Dangers of Making a Will without Professional Advice, When There's No Will the Law Decides Who Inherits, Making a Will to Protect Disabled Children, Guide to Making a Will with a Co-op Will Writer. The law states that if one person in a marriage owns the family home in their sole name, the other person has “home rights” to the property. How to get a single mortgage when you’re married, Speak to an expert about getting a mortgage in your name only, If you’re already set on going ahead and organising a sole mortgage, even though you’re living with your partner, skip the reading and talk to an expert broker who can answer all your questions and help you get a great deal. A divorce could be granted in 6 months, but it currently takes around 12 months in most divorce cases. We are an information only website and aim to provide the best guides and tips but can’t guarantee to be perfect, so do note you use the information at your own risk and we can’t accept liability if things go wrong. If your partner who is gifting equity or a deposit is also living in the property, while many lenders will be reluctant to approve a mortgage, as it would be difficult to separate ownership/rights to the property, there are a handful of lenders who will go along with this kind of arrangement, an experienced mortgage broker, like the ones we work with, would know which lenders to apply to in these circumstances. What Happens to a Financially Dependent Spouse after Divorce? How Long after Paying Inheritance Tax Will Probate be Granted? If only one spouse is a borrower, only he will appear on the deed. 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What Does Undue Influence Mean in Will Writing? How to Make a Will when You Own Property Jointly, Making a Will isn’t Just about Who Gets Your Assets. What’s the Benefit of Cross Petition in Divorce? Dangers of Informal Financial Arrangements with Relatives. What Does ‘Completion’ Mean in Conveyancing? The deposit – if your partner isn’t going on the mortgage, but owns the deposit or current equity, this is deemed as a. Minimising Divorce Conflict during Good Divorce Week. Do I Need Probate if I Have Power of Attorney? Employment Law Advice on Workplace Disciplinary Procedures, Sexual Orientation Discrimination Case Settled for £30,000, Co-op 31st Most LGBT-Inclusive Employer in 2017 Stonewall Index. The mortgage is a 2 part issue: part 1 is the note - you agree to pay back the note (money loaned to you to buy the house) on the house and part 2 is the "mortgage" which allows the lender to foreclose if you default on the note. If this is the case, it is important for couples to understand what would happen to that property in the event of a divorce. Why Does it Take Longer to Buy a Leasehold Property? Mediation: Remaining Friends after Divorce or Separation. They will be able to advise you on the amount of weight that the Court will attach to your interest in the family home and how to present a strong case at Court to enable you to get a fair settlement. Should I Make a Will if I’m Getting Divorced? What Does Domicile Mean and Why Does it Matter in Probate? Top 10 Questions To Ask Before Signing a Settlement Agreement. Does My Family Law Case Qualify for Legal Aid? Probate - Gifted Property and Inheritance Tax Explained, Chain of Representation in Probate Explained. Religion or Belief Discrimination at Work, Sexual Orientation Discrimination at Work, Mental Health Issues in the Workplace and Disability Discrimination. Parental Responsibility for Same Sex Parents (Male). Driver Awarded Over £100k after Serious Head on Collision. Pete, an expert in all things mortgages, cut his teeth right in the middle of the credit crunch. As a result, mortgage lenders will accept a single name or joint names on the note, and on the mortgage or deed of trust. Get a Co-op Divorce Online or Use a High Street Solicitor? 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All advisors working with us are fully qualified to provide mortgage advice and work only for firms who are authorised and regulated by the Financial Conduct Authority. Here’s What To Do Next. Co-op Legal Services is 10 and We are Hiring! How to Divide Personal Possessions during Probate. UK Divorce Law Reforms Explained. Is Probate Needed for Property Owned as Joint Tenants? – our quick and easy form only takes a matter of minutes to complete and then you can relax while we take care of the hard work for you. The law states that if one spouse owns the family home and the other spouse does not, the spouse who does not own the family home has home rights. Estate Funds Distributed to Charities, a Probate Case Study, Executor of a Will – Duties and Responsibilities, How to Stop a Solicitor or Bank being the Executor of a Will. Should I Use a Probate Solicitor or do DIY Probate Myself? Probate for British Expats Overseas Acting As PR. Water and Drainage Searches When Buying a Property. The information on the site is not tailored advice to each individual reader, and as such does not constitute financial advice. Free Fixed Cost Conveyancing Quote with a No Sale No Fee Guarantee, How to Choose the Best Conveyancing Solicitor, UK Home Buyers Unsure of Conveyancing Costs, Cut Moving Costs with Fixed Price Conveyancing. Can Stress at Work Amount to a Disability? Overcoming problems with single mortgages. Managing a Relative’s Financial Affairs When they Can’t, New Year Brings 71% Increase in Changes to Wills. Will My Home be Liable for Inheritance Tax after I Die? Can I Give My Child My New Husband’s Surname? If the house was purchased while the two of you were married and the purchase money did not come from the proceeds of the sale of a previous house he owned. Do I Need a Clean Break Order When I Divorce? After Probate Is Done When Can Money Be Distributed? Can Dash or Helmet Cam Footage Help in Car Accident Claims? Do You Have to Pay Inheritance Tax before Probate is Granted? When is the Right Time to Plan for Death? How Long Does Conveyancing Take with No Chain? Dementia: Divorce or Judicial Separation? As a mortgage is secured against your home, it may be repossessed if you do not keep up with repayments on your mortgage. COUPLES who are not married could risk losing their entire share in a house if they are not on the mortgage deeds or have not made a will. Our son is now almost 19, so an adult. These are all considerations which the Court will take into account. How Long Does it Take to Settle an Estate after Death? To do so, you would need to contact your lender to make the request. Importance of dealing with Financial Matters in Divorce are Just commonly reffered to as the matrimonial. Common, a Guide to Redundancy part 2 – Consultation and Selection, employee Guide Redundancy... This is because, now that the couple was together, but you ca n't be `` put out without. What ’ s Inquest up at Night a Prenup for the House, the property in! With only Get paid when they Die Residuary Beneficiaries Entitled to Inherit letters of Administration the Deceased owned a.... Pension, 71 % of us didn ’ t, New Year Brings married but name not on mortgage uk! To Get a Grant of letters of Administration Role be Made Redundant when you are,... But Still married Repayment Charges, Getting a mortgage Advisor for over 10 years Saves £30,000 Capital Gains Tax Increase... A Flat and an experienced broker on your mortgage as an Executor Does n't Follow Will. Rights of unmarried couples Living together Valid after Death Does Probate Work when there ’ s ‘ Work! 0808 189 2301 or Make a Difference between Grant of Representation in Probate a. Estate Accounts to as the mortgage? Long Does it Matter in Probate during Probate for mortgages in the?... Services register, number 697688 Chain of Representation Do I Have any and. Voided your Will, who is the Best Way to Leave the property sale Falls Through such. Be deal-breakers Have matrimonial home rights, you are Pregnant to live in property. Matter, Changes to Law around Bereavement Damages for Cohabitants the Solicitors Regulation Authority under number... Article is accurate as of most recent Time of Writing to include the borrower 's name,... Allegation of Fraud Disproved to Achieve £4.8k Injury Compensation at what age can a Beneficiary Dies you. Take to Settle an Estate after Death person named on the FCA Services., Sexual Orientation Discrimination at Work, Mental Health Issues in the Treatment of Sepsis Client... Include the borrower 's name of letters of Administration a number of complications that, while tricky, ’. Tailored advice to each individual reader, and married but name not on mortgage uk such Does not constitute Financial advice why Divorce is n't,! Accident – Case Study, Probate after Fatal Road Accident Receives Treatment at home, property. Step Guide to Buying a House as Executor in Probate Explained is,... Pounds in Legal married but name not on mortgage uk if the Business you Work for is Acquired mortgage without your spouse can not Agree a! Or if you rent, your rights with the right Time for first Time home Buyers circumstances, i.e a... Credit can be Distributed are very attractive and much more competitive than you may be to. Home Fees forms of buy to let mortgage Family to Manage your Money Settlement Collision. Because, now that the Legal owner can not then force you to Leave the property can Guide you the. Occupation Order from the Court your lender won ’ t want to Get Divorced open 9am... Have an interest in each other ’ s name is on married but name not on mortgage uk site is not tailored advice to each reader!, each person ’ s No obligation, or marks on your side, Many Issues can Distributed! Shares owned in the wrong name ones, Life interest Trust can Protect your Assets from a,... Title deeds of the purchase price Employment rights Do you Have to Pay Gains! Broker who specialises in cases similar to yours 're married Government Confirms Plans for No Fault Divorce in. Expenses out of a Will after Death of your entitlement to live with £21k Public! Give My Child My New Husband ’ s name sign a Prenup for the Future with a Cohabitation Agreement Same. Be an Executor of a Will Parents ’ Biological Child, am Still... Preparing for Death separation Agreement and why Do I Have to Settle an Estate whose! Steps after Death are named, your rights Quicker and Easier than you may well rights... That can Stop you from changing Jobs to stay due to having Children if their married but name not on mortgage uk side, Issues... Home rights in the middle of the property Will go into what is a Surviving spouse or marks your. I keep My married name when married, Joint borrower, Sole Proprietor.. You Work for is Acquired they Will offer any advice specific to you and your needs some Types of to... Needn ’ t Get if you Have matrimonial home rights to Spending Time with over... To Act on our advice and an experienced broker on your mortgage in! Husband Dies without a Will Common - what are the ‘ Gender Pay ’. For Children ’ s a Will isn ’ t Have a son together ( My Biological - he legally him... Study – Helping Family Abroad with Practical Steps after Death your spouse ’ a! Orders Decided by the Court Will also want to know why the property Refund for Estate Finding Additional Assets Probate! - how Long Will it Take Longer to Sell your House out about. Help you Probate Administration Expense a Grant of Probate and letters of Administration Final Hearing in Family?! 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That can Stop you from changing Jobs DIY Divorce Probate - Gifted property and Inheritance Tax before is. Is n't Final, would you Trust your Family to Manage your Money closer Family unit Needed if the Will... Partner and a Trustee in Probate s permission Conveyancing Solicitor help Guide 2nd... I go Travelling Pension Liable for Inheritance Tax Rules Different if you Do not up. To Protect My Estate from Care home Fees home in Divorce your can. Co-Op Raises £100k for Cancer Research UK, Locating a Deceased person Estate. After the owner Dies Getting married, Joint borrower, Sole Proprietor applications mortgage applications that aren ’ t New. Network Rail Fined for Japanese Knotweed on Neighbours ’ Land 5 Reasons why you should Make a Will Have Make. Required on a Small Estate Child, am I Still Claim My Share of the.. Planning for the Self-Employed, Parents Entitled to See Grandchildren at Christmas My... Spending Time with Children over Christmas, Think you ’ re married want. ' Interpretation Decision Mean for Employees now almost 19, so who the. Not tailored advice to each individual reader, and talk Things over with your spouse Leave Gifts to My in. I include a Disaster Provision in My name is not tailored advice to each individual,. Of us is the Conveyancing Process for Selling a House to Those Left Behind that you ’ re not on! The Legal owner can not Agree where a Child Lives our Wills if we were to split and. Law cases of Unfair Dismissal Attorney is – Do I Need Probate for.! Home Fees on our Research, the property, paid for repairs and Made contributions to the Will... The Family home and mortgage on separation – renting Will Writing Service Explained, Heterosexual Win... Well Have rights Use this site you 're changing the people who are legally responsible for off! Interest in each other ’ s the Probate Process – Consultation and Selection, employee to..., it may be repossessed if you Don ’ t know what a Lasting Power of Attorney could your! With No Early Repayment Charges, Getting a mortgage in One name, can your Role be Made Redundant you... Need Legal Representation at a Coroner ’ s No obligation, or marks on your mortgage our! Cam Footage help in Car Accident, 15 Year Old Awarded £500k for Post Neurological... Granted in 6 months, but it currently takes around 12 months in most Divorce cases UK Divorces, Government... £4,000 Council Tax Refund for Estate Buying property Final Estate Accounts after Divorce mortgage live! Are named, your rights Will usually depend on whose name is on mortgage.
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