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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To worry about the legal side of death.

33 replies

Disorder22 · 16/06/2024 19:05

Hi all,just looking for a little bit of advice from anyone whose been in a similar position.So for some context to the issue ,my ex husband has discovered he is terminally ill. We have one DC 11 and are in the middle of divorcing he has a new partner who he lives with.
We haven't told our DC yet ,they live with me full time and see him a few times a week, for this reason ex and myself have decided to tell DC together in the next few days.
As well as the worry of how to break the news another thought I have had is about legal issues.
I stayed in the family home and instead of maintenance he pays the mortgage which is about 480 a month.
As we jointly own the house am I correct in thinking he could leave his share to new partner ? If this is the case could she then force me and DC from the family home?
I'm really worried that being moved and the situation with her dad would be too much for DC.
I haven't broached this with him yet but for obvious reasons but wouldn't mind some help in regard to this.
Thanks

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LiterallyOnFire · 17/06/2024 21:08

Disorder22 · 16/06/2024 21:11

@testina we haven't got a financial order as yet. The first lot of paperwork is the decree nisi which I have signed and returned. The absolute is due back by mid July.
We had made a private arrangement in terms of custody and finances and had discussed the financial order being sorted when I decided to sell the house when DC gets to secondary school.

I don't think you request it (the absolute) ahead of time, do you? July will be when enough time has passed to apply for the absolute, or whatever it's called now.

Who can apply for the absolute and when used to depend on who had petitioned in the first place, IIRC. So if you were petitioner , you'd have more options to stall.

Anyway, do you already have a solicitor?

Teapot13 · 16/06/2024 23:00

I would also try to stop divorce. Very possibly new GF will not want to be his carer. He might see the wisdom in preserving his assets for his child rather than a new partner.

Disorder22 · 16/06/2024 21:11

@testina we haven't got a financial order as yet. The first lot of paperwork is the decree nisi which I have signed and returned. The absolute is due back by mid July.
We had made a private arrangement in terms of custody and finances and had discussed the financial order being sorted when I decided to sell the house when DC gets to secondary school.

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Disorder22 · 16/06/2024 21:08

Thanks to the person who said to check the registry as I have and we are joint tenants. I had never been heard of this clause. He can apply to dissolve it but I'm hoping he will be as clueless as I was.
Will still seek legal advice additionally.
Thanks to all

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Testina · 16/06/2024 21:07

Disorder22 · 16/06/2024 20:31

I'm not sure how I could contest it now as Ive signed the first lot of paperwork so it's literally the absolute we are waiting for .

So you've submitted your Consent Order to the court, and had that confirmed, and have subsequently applied for the Decree Absolute?

Can you be more precise about “first lot of paperwork”, as it seems odd that you would have got to the stage of agreeing a Consent Order without knowing the tenancy ownership of your house.

SPEAK TO YOUR SOLICITOR NOW

Even if a CO has been fully signed off, there are limited situations in which you can apply to vary it. The “unexpected events” here are positive ones, but I would want to ask a solicitor if terminal illness counted too. There’s also the possibility that he’s deliberately held back the prognosis until this point, which would be another good reason to apply to vary.

Solicitor, tomorrow.

To worry about the legal side of death.
Needanewnamebeingwatched · 16/06/2024 20:45

Stop the divorce

Disorder22 · 16/06/2024 20:41

@pecanpie101 he's been with her over a year however there is suspicion of an affair so I suspect probably longer although I cannot physically prove it.
It should trump it but I'm aware legally it may not

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RickyGervaislovesdogs · 16/06/2024 20:41

I would post in legal - and see a solicitor. Expensive but worth it.

Disorder22 · 16/06/2024 20:40

He's been unwell for a while but has only just told me that it's terminal .
Unfortunately he's been very bitter since we split up and has done things to spite me even though it will affect DC.
I've had multiple conversations about various things regarding her welfare and he always does the polar opposite which is why I'm now concerned. It would be far easier to just have a conversation but I just can't see it.

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pecanpie101 · 16/06/2024 20:39

Also how long has he been with his new partner? Surely housing and supporting his child trumps supporting her!?

pecanpie101 · 16/06/2024 20:38

I'm sorry you are going through this op. What is wrong with him? How did you find out about him being terminal? I only ask because terminal is different from last weeks of life.
I think you should be able to have a conversation about how your child will be supported after his death, does he have a close relationship with them? I would hope he would also be concerned about this and where his child will be living!?

Disorder22 · 16/06/2024 20:31

I'm not sure how I could contest it now as Ive signed the first lot of paperwork so it's literally the absolute we are waiting for .

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Emmadaily · 16/06/2024 20:25

TinyYellow · 16/06/2024 20:18

Don’t divorce him.

Agree with this wholeheartedly .

PinkiOcelot · 16/06/2024 20:22

TinyYellow · 16/06/2024 20:18

Don’t divorce him.

This.

TinyYellow · 16/06/2024 20:18

Don’t divorce him.

HettySunshine · 16/06/2024 20:17

Make sure you go to the gov.uk/landregistry website. Other ones will charge a lot more for the title deed. It should only cost £3.

HettySunshine · 16/06/2024 20:15

You can check the title of your property for £3 on the Land Registry.

If there is a restriction that states:

'No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.'

Then the property is held as tenants in common and his share will go into his estate and will be dealt with under the terms of his will.

If this restriction isn't present then you hold the property as joint tenants and his share will automatically revert to you.

Disorder22 · 16/06/2024 20:12

@Testina we are awaiting the final paperwork but we were doing the financial order after the fact. There wasn't any dispute from him about paying the mortgage and non from me about going for additional support as that was all I wanted. We don't have a formal custody arrangement as we decided on the dates etc that were best for DC. All sounds very informal but it was worked around DC needs.
Unfortunately I'm now worried this could bite me so yes a solicitor will be my next move as well

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ExtraOnions · 16/06/2024 20:01

Don’t complete the Divorce .. just yet. Get the Will sorted first, go and get some legal advice.

Testina · 16/06/2024 19:39

I know this is blunt, but do you know how long he’s expected to live? Meaning, will you be able to complete the divorce?
You say that you are mid divorce - what exactly is mid? Have you agreed finances yet?
That’s where this all needs to be wrapped up - in your Consent Order.
You need to be clear how you own the house though. If you are Joint Tenants, and still married, the house is yours when he dies. If he’s likely to difficult during divorce and his life expectancy is short, you might be financially better off stalling the divorce. (sorry - I did say this was blunt)
I would go straight to a solicitor to discuss your next moves here.
For example, I would propose that his future inability to provide maintenance would mean that you should be awarded all the house.
Again, it’s blunt - but it’s a conversation you should have with a solicitor.

Disorder22 · 16/06/2024 19:37

I wouldn't even mind if he left his half to DC as it could go into trust when house was eventually sold .
Our relationship is rocky and to be honest he has kept me on a need to know about this for sometime so I would say not really

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LiterallyOnFire · 16/06/2024 19:35

Disorder22 · 16/06/2024 19:33

We haven't sorted a financial order yet so I haven't agreed to a 50 /50 split of the house. Can I ask for a larger percentage ?I hate asking these questions at the moment but I feel like I have to protect myself and DC

You can ask for anything you like, but whether you'll get it is a different question. I think I would be asking for more/all though, if only to ensure the DC eventually benefitted from his assets as well as yours.

Do you have a good enough relationship that you can raise if with him informally?

Disorder22 · 16/06/2024 19:35

@LiterallyOnFire he is at this moment but the final paperwork for my divorce is due by mid July so then legally we would be officially divorced

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LiterallyOnFire · 16/06/2024 19:33

So is be actually still your legal husband?

Disorder22 · 16/06/2024 19:33

We haven't sorted a financial order yet so I haven't agreed to a 50 /50 split of the house. Can I ask for a larger percentage ?I hate asking these questions at the moment but I feel like I have to protect myself and DC

OP posts: