To say getting married to protect your finance is a joke

It's a lot more nuanced than that. The Inheritance (Provision for Family and Dependants) Act 1975 is the one that provides for a child being able to claim for financial provision. However, successful claims are difficult to make unless there is some other pressing factor than just merely being an adult child who was excluded from a will.

An adult child does not necessarily have "a right to reasonable financial provision" unless there is some further factor or special circumstance. Adult children who are capable of earning their own living will usually struggle to succeed in such claims.

In contrast, if she wishes to contest the will, that would mean saying that the will was invalid in some way eg he lacked capacity or he was under undue influence from the new woman or it was a forgery etc. That is quite a high hurdle to achieve.

I’m assuming the solicitor’s letter the OP mentions was the required notice.

Does anyone know if the severance is back dated to the date the document is signed or if it is after the land registry has processed it? I know it sounds cold but if OP’s husband is sinking fast, the difference might change whether she gets the whole house or not.

Did he give you notice he was severing the joint tenancy? He must do this and inform land registry. Although one person can cancel a joint tenancy there is a legal process that must be gone through.

if you have proof of your contribution to the house purchase you can argue for bigger share if the joint tenancy has actually been revoked it does sound like he hasn’t had time to do that.

Legally, she can if she makes a claim against the estate. Whether or not she will is dependant on whether a divorce court would have awarded her more than half the house.

You’re welcome.

Your situation shows getting married to protect your finances is the right thing to do. In this case it was the right thing for your husband.

In your situation, a more appropriate thread title would be “Never add your new spouse to a mortgage for a home you bought yourself” because that’s the real issue here.

England is not such a jurisdiction. There is clear, regularly used legislation that allows the OP to get what she would have done on divorce.

I accept if she had far more money than him, she may get nothing but he certainly can’t leave her penniless.

Edited to say: And because the law is clear, the beneficiaries of the will are usually advised to settle before the case reaches court so it’s not that expensive to make the argument.

Sadly (?), you can sever a joint tenancy. Just takes a Notice of Severance:

It’s completely relevant because (as the actual solicitor above has said), the amount the OP would have got on divorce is the amount she will be able to claim under the Inheritance Act.

I'm sorry you are in this situation OP, but I don't see how it's any different to if you had divorced properly before he'd died. I mean you would have presumably had to share the martial assets, in divorce, so then he'd have still had his to spend or will to whoever he wanted if he died before he'd spent them.

Unless you mean he's taken everything, e.g. you joint own the house, but he's willed the whole house, the whole value of the house to his new girl. Surely though he can't get away with that because it will be on the deeds that someone else has ownership too, and they will figure out that you are still alive and owning before they close probate.

Not read all the responses op. Id call the land registry monday morning for info regarding changes. I cant see how if your stIll married the other woman can get his pension? What do you have you got in writing?

Yes you can as long as you’ve served notice on the other party. They don’t need to agree but they do need to be informed.

You cannot severe joint tenants without the agreement of both parties.

yes, by severing a joint tenancy the owners become tenants in common with a 50/50 split. The big difference is that if a joint owner dies and the house is held under a joint tenancy it passes absolutely to the survivor on death, and falls outside of the deceased’s estate/will, whereas if it is held by the owners as tenants in common the deceased’s 50% share forms part of their estate and passes under the terms of their will.

edited to fix typo

No im not, im talking about the divorce element, op could have got more than 50% which she now cant if hes severed, or can she?

To ‘tennants in common’? But she still owns half presumably? It just means he can bequeath his share to whoever he wants? But presumably whoever he’s left whatever to, would only be entitled to half as the OP can claim half? The consent order would determine what her share would look like and what’s left would go to whoever is named on his will?

I was a pension fund trustee and I can assure you that they have absolute discretion on who to award the pension too. It would be highly unlikely they would refuse to give it to a wife and child. They might divide it but they would not be likely to give it to a short term girlfriend. So don't lose hope - please fight!

That was my understanding too. I so hope that the OP gets what is clearly morally hers. This is just the kind of thing my ex would do just to harm me.

Solicitor here. You absolutely can sever a joint tenancy unilaterally, ignore anyone on here saying you can’t.

edited to say if he does die then you should take advice asap on putting a caveat on his will, and contesting the will under the inheritance protection for dependants act 1975 (this may be more relevant for your daughter than you given the split/divorce but a specialist solicitor would be able to advise on how the recent split impacts on this)

Not necessarily, all he has done is left a massive mess for you and his new partner to sort out, you are still entitled to whatever you would have been able to argue you were entitled to if you were divrocing normally. He can try and leave 50% of the house elsewhere but if you have been a SAHM and supported him as a high earner and would have had a reasonable claim to say 70% equity then you can still go for that.

I have left an emotionally abusive marriage. This is not good advice in all situations. A leopard doesn’t change his spots. He has shown her who he is and it’s up to her if SHE feels the need to see him. A visit to him might actually be bad for her own healing.

Go to see a specialist solicitor .

Until he dies or divorce is complete, he is still your lawful husband , and you already know that if he has severed the joint tenancy unilaterally you own at least 50:50 of the home under legal.presumption. What you don't actually know is what he wishes to do with his half interest.. Perhaps he has created a life interest in his half for you, or a trust for his daughter? Stop the speculation or asking social media, and get a qualified lawyer who deals with family law and probate to advice you on the specific factors that split to your circumstances.and financial position.

If he has changed his will and dies before the divorce financial order is made, you may lodge a caveat at the probate register to protect your position.

The mistake you made was putting him on a house you bought.

Marriage would have given him rights over than, but death wouldn’t. You have him half to do what he wanted to do with. The protection marriage gives you is rights over things that aren’t legally yours. Death deals with things that are legally yours. You would’ve both been protected if the house was still in your name, but I appreciate that’s not much help to you now - but it does show that legal decisions do have future legal repercussions.

Others have talked about contesting his will go access his pension. His pension isn’t left under his will (and he can’t actually dictate how that is left, only recommend), so I’d recommend speaking to a solicitor after his death once you have the will as there’s a lot of wrong advice on here.

OP. I’m so sorry. This just seems so unfair it’s hard to imagine the law would allow it.

I thought that if you are still married then the assets are half yours. So surely that would trump his will - surely he can’t give away what is technically also yours?

I wish I had legal expertise I could give you and I’ll really hope that you get good news when you speak to a solicitor on Monday.

Whatever happens money wise please don’t let the anger eat you up because then he’s still impacting your life. Try and see the fight for what is morally and ethically clearly yours, whatever the law says, be a very part time job that you do at certain times of the week/month and the rest of the time try and live your best life.

Although there might be really complex grief reactions for you and your daughter because he treated you badly, you will be free of the behaviour forever once he has gone. Once the finances are sorted he will have no further ability to harm you once he’s gone.

If the will was made before he married marriage invalidates a previous will. Only a will made deliberately I think the word is "in contemplation of marriage" would remain valid.