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AIBU?

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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

OP posts:
Disorder22 · 16/06/2024 19:31

We both had to have life insurance for the mortgage,he did have a few policies which had me as the main beneficiary but when we split he told me he had changed them to DCs name. He isn't always particularly honest so I'm not sure of that's the case or not

OP posts:
Weallnamechangesometimes · 16/06/2024 19:30

If you’re joint tenants it transfers to you. If you’re tenants in common he can leave it to whoever he likes

if you are joint tenants he can sever this to become tenants in common by getting a solicitor to do this without your permission

Disorder22 · 16/06/2024 19:30

I believe we are joint tenants but being honest I had just had DC when we bought so was on maternity leave. I signed the paperwork to make us joint owners but didn't pay particular attention to this detail
I'm guessing they will be on the originals?

OP posts:
OnlyFrench · 16/06/2024 19:29

Sorry, cross posted

OnlyFrench · 16/06/2024 19:28

Are you joint tenants or tenants in common ?
Sorry you're going through this.

Rocknrollstar · 16/06/2024 19:27

You need to take legal advice and your DH needs to make a will.

muddyford · 16/06/2024 19:27

If you are joint tenants, in the way your house is legally owned between the two of you, the survivor automatically gets the whole house.
If you are tenants in common he can leave his half to whomsoever he chooses in his will.

LIZS · 16/06/2024 19:26

If you are in England it depends if you are tenants in common or joint tenants. Is there life insurance to cover the outstanding mortgage?

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