To say getting married to protect your finance is a joke

It will have to be sorted during probate i guess. How long ago were you served? Could you argue he was ill?

Do you know if he has a will?

Tbf had he not found himself terminally ill he may have gotten his half in the divorce anyway

PS
You are next of kin, not some short term girlfriend.

Since the divorce is not final, you can still potentially make a claim on his pension and other assets from his estate. If it is reasonably considered that you have been awarded part of it in a divorce settlement you can still be awarded it. Obviously you need a solicitor as these things are never straightforward and will depend on individual circumstances.

Does anyone know if OP would have had a valid claim for the whole marital home in their divorce, based upon her prior sole ownership?

Would this be a relevant factor in any inheritance PFD act claim? I wonder if there is case law where the division of marital assets is impacted by the prior ownership and whether this can then transfer to the inheritance act claim?

Does your spouse have more in the way of assets than you? With his pension for example? What do your finances look like?

@bebanjo as someone said upthread @prh47bridge is a solicitor so follow his advice and get a solicitor

Go and see him. You only split up earlier this year. If nothing else, make your peace with him before he dies. Worry about the legality of whatever damage he has done to your family afterwards. He can’t change it on his deathbed.

Are we on the same thread? Have you read all of the OP's posts?

Why is your dd entertaining this woman and her fantasies? I know shes only young, but encourage her to communicate only about her father's health, She is not her friend(or even stepmother, she's just his shagpiece)

.

Agree. I just said the same. The amount of false information given so confidently on here blows my mind

Yes you can sever unilaterally. Where did you get the information that you can’t?

When you put his name onto your home, there should have been a tenancy in common ringfencing your share. However, once you are married it's considered a joint asset unless you make other legal arrangements.

His new girlfriend stands to have to fight her case in court as a wife of 20 years who should receive his pension etc is in a far stronger position.

His state of mind when changing his will is a factor.

OP: prh47bridge is a longstanding MN lawyer

You can also inform the pension Trustees, half of that pension is yours, they do NT have to follow the expression of wishes.

If you both own the house he can't give your half away without you agreeing to it and signing paperwork.

If we could all override that, what would be the point of a joint tenancy?

And yes it’s definitely possible to sever a joint tenancy unilaterally (otherwise, as joint tenants, you would automatically inherit the whole property by survivorship and that’s not usually appropriate when a couple have separated). On a severance your 50% is still yours, so you’d still own 50% of the value.

Marriage does protect, it means one person is not left without provisions. The reason sahm are told that marriage protects them. It also protects scoundrels, like your husband. You should have not put his name on your house. Was it fully paid by you? You should have sewn it up with a legal agreement if he lived there that he only got back what he directly contributed, A long marriage would have got him some of it but you would have at least had some protection.

Marriage protects, but the side that put in more is never going to be happy, it depends which side you are. There are concrete reasons not to marry, such as having far more.

I have huge sympathy, it is a warning to others to think the financials through, marriage has powerful protections that you ignore at your peril. Such a shame he is popping off. Good luck, you seem feisty, channels the anger for you and your daughter.

Yes, he can sever the joint tenancy unilaterally, contrary to what one of the early posters says. However, that has no effect on the divorce settlement.

If he dies before the financial settlement and his will leaves everything to his new partner, you will have a clear claim under the Inheritance (Provision for Family and Dependants) Act. That will result in you getting at least as much as you would have received in the divorce settlement.

In contrast, if you were not married you would not have any claim against his estate when he dies. Marrying has protected your finances.

You really do need legal advice and id get it pronto.
The pension sits outside the will and it falls to the trustees to decide who to pay. They are not bound by who he nominated to get it. You need legal advice now as to how to handle it.

she won't unless he's changed his will and she could be in a very tricky place trying to prove he changed it weeks before he died.
The courts might think there was coercion or loss of capacity.

OP, speak to a lawyer. You and your daughter will almost certainly have what’s called a 1975 Act claim for provision from his estate if he has not left anything to you in his Will. Also most people do still want to ultimately benefit their children even when they have a new partner. A solicitor can help you here.

I had no idea about this to be honest.

The OP is going to be better.

She's going to lawyer up, contest the Will and take every penny of that mothefucker's money while he rots and his Mistress fumes. Perfecto.

I don't think he has. If they were joint tenants that usually means severing the joint tenancy leaves them with 50% each. He can't will OPs half, any more than you or I can.