To sever joint tenancy even though DH doesn't agree??

I'm surprised so many don't know about this. My parents have done this so that if one needs care then only 50% will go towards it. Of course they could both need care but that's life.

The fairest way would be for OPs 50% to go to her son, then the husband's 50% split between his 3 children so OPs son, and his two older children.

Splitting the whole lot equally means OPs son loses out on his mother's share.

Ps amazed how many people on here are replying even though they have no idea what you are talking about 🤣

Just do it. He’ll get over it. Maybe see a lawyer to ask their view then say that your lawyer advised you do it. He probably findd it unromantic but if you both have dc it makes sense.

You’re quite right that otherwise there is a risk your son gets nothing,especially if he later meets some other woman who turns him against his former family so she getd all the money (v common).

Also… I know someone whose dad went suddenly nuts and violent (medical issues). Luckily they held the house as tenants in common and my friend still got her share eventually but if it had been joint she might not have done. You also need to guard against future madness…

I don’t understand why it wouldn’t be fair for your husband to split the share of the house equally between his three children?

Well you can but if you die tomorrow how is your ds going to fund the mortgage and maintenance of his share. And what financial state will you be leaving your dh in, now he has far more financial responsibility and a the parenting responsibility?

Itv can be set up so that the person left alive can move house but I don’t know how it works
But it definitely can be done as it was in my parents will

[quote JenniferAlisonPhilippaSue]I’m pretty sure that you do need his permission. The form you have to fill in to register this with the Land Registry and get a Form A Restriction on your deeds makes it pretty clear you both have to sign: assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/712036/JO__2018-05-25_.pdf[/quote]
No you don't, you send him notice recorded delivery and sent that proof to land registry. Solicitor will sort at the same time as will. He is notified by the land registry on the Form A restriction being registered on the title.

If they sold, they would need to give 50% of the proceeds to whoever OP had named (her son).

If he needed to sell to go into care only 50% of the proceeds could be used for that care.

Basically her husband would be left only owning 50% of the equity in the house if she died but he'd be able to live there for as long as he wanted / died.

[quote JenniferAlisonPhilippaSue]I’m pretty sure that you do need his permission. The form you have to fill in to register this with the Land Registry and get a Form A Restriction on your deeds makes it pretty clear you both have to sign: assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/712036/JO__2018-05-25_.pdf[/quote]
I've been through the process and it's untrue to say you need his permission.

I did this as soon as my relationship with XP ended - this was the first thing my solicitor had me do. She sent off the paperwork and only had to have proof that a notice had been posted out to him to inform him of the change.

XP would NEVER have agreed to anything I wanted to do re. the house, luckily it didn't matter and he could do nothing to stop the change.

The next thing she had me do was change my will pronto to ensure my share went only to DD, and to do this we had to change from a joint tenancy to tenants in common.

Do it OP - the point about him remarrying if you die is very valid - your son could be left with nothing otherwise.

What happens if one of you dies first but the other then needs to sell the house to pay for care home fees? Or wants to downsize to something more manageable

I’m pretty sure that you do need his permission. The form you have to fill in to register this with the Land Registry and get a Form A Restriction on your deeds makes it pretty clear you both have to sign: assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/712036/JO__2018-05-25_.pdf

There is a excellent wills writer on mumsnet
Mumblechum @ Marlowe Wills
They did exactly what your asking about for my parents a few years ago
Very easy and all done over the phone
It’s the only way that your 50 percent of the house will go to your son
Men often marry much quicker after the death of a wife and the second wife and her family often walk away with the first wife’s assets when the husband dies
If you want to ensure your child inherits what is yours then you need to do this
I would also ensure that a close family member that you trust has a copy of your will and details of where its kept
My parents will was kept with Will Safe so it made everything dead easy - excuse the pun 😂 to deal with

It’s very important you register the severance with the Land Registry. A solicitor can do all this for you.

Do it
Me and dh chsnged to tenants in common for purpose of wills. My 59% goes to our children then he has lifetime interest
Then vice Versa

No trust deed is required unless you hold the property as tenants in common in unequal shares. You only need a Will to state what you want happen with your share. A trust deed will never do this.

OP, you absolutely can serve notice on him to sever the tenancy. You do not need his agreement, just proof you have notified him that you are severing the tenancy, such as proof of postage (this is what we would do as a law firm).

You can then leave him a life interest in your share until he dies, at which point the capital passes to your chosen beneficiaries.

My grandparents done this. When my grandad passed away, my gran went into a home as she had dementia. When the house was sold, only 50% could be used for her care cost. Most of their savings also went on grans care as well.
It makes a lot of sense to become tenants in common.

Not a problem in France because you can’t disinherit dc.
Although some spouses are finding that on the death of the other half dsc who are adults and they have become estranged still get a quarter of the home, half of their parents estate.

What you're proposing makes sense for your situation. His kids are actually better off that way as otherwise if he dies you can leave it all to the one DC or the local cat sanctuary if you prefer.

@user1471457751. Your more interested in having a go than reading the thread properly.

If DH really puts his foot down and says no to doing it amicably, WIBU to do it anyway?

Yes of course you would be unreasonable. You would also sacrifice your relationship.

As a PP said it works in his favour if he does this.
Tell him it will also give him peace of mind as if he died you could remarried and have more children etc.

Do it.

I'd do it whether he like it or not. Though, I cant understand why he wouldnt agree to this. As things stands, if he were to die, and you remarry, then YOU die, then all the kids could potentially get nothing.