braveheart, thanks for your reply, I will definately mention it to my solicitor. I think she has mentioned this in the past and said it wasnt possible, I remember her mentioning this definately to do with the fact of son's bank accounts and the fact that he has to sell the old home and not rent it out, also for the fact that when it does sell he owes son another 10 percent of the selling price or 10k whichever is the greatest. I seem to remember her saying that if only we had been married things would be so different, if only, if only, if only, I say that over and over in my head so much, yeah if only