To say getting married to protect your finance is a joke

If you used inheritance and other money surely you can claim that back if the house has to be sold, even though you married him. Definitely get DD to contest the will if need be

Of course you can. You may not be successful but you can take whatever legal action you like. And in this case the OP is going through a divorce so whether her husband likes it or not - he can't just give away marital assets before the divorce is finalised. If he dies before - then the court will assess what is reasonable and the OP will get more than if she just accepts his decision.

Yes, it seems I was under false impression that it had to be severed by joint consent and my mind is blown like OPs. I thought a long marriage would protect you financially too but apparently not.

My advice regarding a solicitor asap still stands though. Good luck OP

So he can also block your/DDs access to his pension? The house was gone anyway because of the divorce but Id be pissed if the divorce would have given me/DD monies that he can just will away

You absolutely can, see .gov on subject:

https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common

First advice to any separating couple is to sever joint tenancy.

Well , do everything you can to hold up the divorce, like contest all financial agreements, hope he dies sooner rather than later and bobs your uncle . You’re still his wife.

Op I’m sorry you’re going through this. All of it, it must be hard to wrap your head around x

Slight empathy fail there I think.

Yes you can. You need to serve the other owner with notice of the severance so you need a solicitor to act on your behalf and obtain evidence that the other owner has received the notice.

Of course you can. Doesn’t mean you’ll win but you could do it. A good solicitor can get you off with murder lol.

You can contest a will if you meet the criteria in the 1975 Act though. As has been pointed out several times, in those situations the courts typically consider reasonable provision to be what the spouse would've got in a divorce.

It's possible OP would only get 50% of the house and of his cash assets in a divorce, but we don't have enough information about that. It's also possible OP will decide it's not worth the fuss, particularly if she also gets the pension as well, but this is why she should speak to a solicitor before trying to make any more decisions.

I think the key here is that OP stays put, the OW would have to get a grant of probate (which you can block with a caveat) and then apply to the court for an order of sale.

In the meantime you can do a forensic analysis of the assets of both parties, get a likely outcome of what the split on divorce would have been, join your daughter as a claimant under the provision legislation and hopefully agree a settlement with the OW, if she is sole beneficiary.

The pension trustees will look at all the potential claimants and their needs. They will come to a fair
solution and wishes aside, a short term girlfriend will not trump a legal wife and child who has additional needs.

You need a solicitor firm that handles both contentious probate and family law. Add all your assets and his, and the starting point for the provision legislation is an equal split. Would that change if he has no future needs and you bought the house into the marriage? It should.

But if a divorce is being gone through, “his” money, car, pension etc, may not be all his!

If the divorce and financial settlement are not finalised then he may well be giving away assets which aren’t his!

Surely the financial settlement will have to be done before the Will is followed?

You can’t contest a will just because you don’t like it. As long as he was in sound mind your ex could leave his money and his half of the house to the cats’ home if he wanted.

I'm sorry, but what maintenance? The DD is an adult and, unless he was earning significantly more than she was, it is unlikely that there would be any spousal maintenance.

Some of my relatives are separating (in awful unfriendly circumstances) and the DH has severed the joint tenancy on their home in order to protect his half of the house as the wife has moved out. He sought legal advice and was told it was fine to do this without any input from the wife i.e he didn’t need any kind of permission from her as it’s half his property.

I had no idea this was even allowed until he was telling me about it.

Which region do you live in, OP?

You need to speak to a solicitor.

Let’s hope so, but idk. Or maybe you can get the will overturned if he’s just written it op.

He can't just leave your share of marital assets to someone else in his will. So even if he's changes his will, first it has to be established what is HIS to give away, and what is a marital asset. So yes, you need a solicitor, and asap, but no, you're not going to lose out completely.

"DD has chronic fatigue and is on medication for mental health issues."

I'm sorry to hear this. However, on a practical note, this may strengthen your DD's chance of being able to make a successful claim against the estate.

Just being an adult child isn't enough. However, an adult child who has a disability or illness that restricts them working, may be more likely to succeed in a claim for provision.

I think she will be able to contest the will given the short space of time he appears to know the ow the speed of the situation and the amount of financial contribution the op has provided for the property

But in this particular situation, the OP and her DH own their marital home as tenants in common.

I would suggest that, barring any other features about the OP's marriage that we don't know about, that a divorce would likely lead to each of them retaining their half of the marital home.

This is what the OP is faced with now, keeping just half of the marital home.

I agree that the solicitor's letter was the required notice. The severance is legally terminated the moment the notice is validly served. It is not backdated to the date it is signed, nor is it after the land registry has processed it.

However, the date on which the tenancy is severed is irrelevant. The divorce has not been finalised and there is no financial settlement. Whether the house is owned as joint tenants or tenants in common makes no difference to the financial settlement. And if OP's husband dies before the divorce is finalised and a financial settlement is put in place, she will have a claim against his estate under the Inheritance (Provision for Family and Dependants) Act 1975. The courts will award her at least as much as she would have received in the divorce settlement.

Are there not two different things going on here.
Him protecting his property assets by severing the joint tenancy so half the house will go to his estate even if he dies before the divorce is complete.
What his will then says he wants to do with his assets once he is dead.
The property assets would be split if you ended up divorced so it makes no difference. It just means that OP doesn't keep them if they are still married.
Surely his will was going to be the same if the divorce was finalised.
Is dissolving the joint tenancy only for the property assests, if he dies before divorce you are a widow with all the rights on pension that brings.
The main issue is what his will does, but that would be the same if you are divorced.