To say getting married to protect your finance is a joke

She needs to talk to a solicitor very quickly and see what if anything can be done.

But yes marriage is not always a good idea and women with assets should be very wary and maybe take legal advice - and it's why young woman are often advised to get married as it offeres protection if kids are on cards as they do tend to bar the brunt of career stalling.

I do think she need legal advice see what can be done about any joint money or pensions, if she has to wait for probate and if OW can stay in house while that's happening and if her DD is classes as dependent and if she can context or claim from estate if she is not in will. Basically advise on waht her options are and how she can look out for herself and her DD as much as possible.

Do try and get some legal advice with someone with experience in this area as PP suggested

Hopefully you got some good advice but your solicitor will tell you how you can/should challenge the will to ensure that you are properly provided for as his wife under the Inheritance (Provision for Family and Dependants) Act 1975.

That means you're still his wife,you have a better chance of contesting it. Start researching good solicitors and make sure they specialise in this situation. You'll be alright but the sooner you act the better the outcome

Has he said he is actually leaving 100% of his assets to his new lady? As he may just want to leave it all /most to his daughter rather than you. Which makes sense as a soon to be divorced man.

severing the house ownership does not mean he has left it all to the other lady.

Gosh, what crazy timing. I can totally see why it rankles so much, it would for anyone.

I really hope he's not planning on leaving everything to this woman he's only been with for 7 months. If he's not planning on leaving the bulk of his assets to his DD, that really is awful. From what I understand, you don't actually know what he's planning to will to who?

I would ensure you get legal advice. He must make provision for you and the daughter. So challenge it.

As per my previous posts, if he has made a will leaving everything to his new partner you will be able to make a claim against his estate under the Inheritance (Provision for Family and Dependants) Act 1975. You will get at least as much as you would have got in divorce. However, that may not be much given that you already have half the house.

As you have been married 20 years, the house is regarded as an asset of the marriage to be split between you. This would be true even if it was just in your name. The starting point would be a 50/50 split of the assets, but there are various factors that could lead to you getting a larger or smaller share. A solicitor will be able to advise the likely split in your divorce. You will then be able to decide if it is worth pursuing a claim against his estate.

If anyone knows a solicitor that works weekends let me know, otherwise I can’t do anything tell Monday.

Well no they won't be there till Monday but I'd be making a list of solitors now - and trying to find one with the specailist background in my area with on-line searches - so can get in touch via e-mail over weekend in hope of a Monday reply or so I could phone first thing monday to get first urgent appointment.

I'd also write out a clear as summary as posible of sitution and finding out any documents I may need and have - so I was as ready as I could be at start of the week though it may take some time to get an appointment with one.

Not RTFT, only OP’s posts.

So sorry about all this, OP. To add to all the advice about seeing a solicitor I would add: contact the trustees of your husband’s pension scheme.

He may have made an expression of wish in favour of the OW, but that is not binding. The trustees decide who any survivor’s pension goes to. They may well look favourably on the needs of a wife of 20 years and a 19 year old daughter compared to those of a partner of 6 months, irrespective of him making a declaration of wish to her.

@bebanjo

Which region of the UK do you live in, OP?

OP, iirc, a pension does not form part of an estate, and the trustees determine to whom it is bequeathed. It’s a separate process to what is stated in the will regarding division of assets.

The trustees are also under no obligation to follow his directive if he has changed it to his mistress from his wife. Does he have death in service, OP?

He had an affair, severed the joint tenancy on the house without discussing with the OP and is effectively taking half the house that OP paid for along with the share of his pension that the OP would likely have got in the divorce and given it to his mistress.

Not even his child. His mistress.

The fuck sort of be kind planet are you living on??

She can move on without forgiving him or making peace with him. You can let go of anger without forgiving. I’m getting A LOT of practice at doing just that currently. I will never forgive my ex for what he’s done. The choices he’s made and the impact it’s had on me and DC. But whenever I catch myself feeling anger and resentment I try and let the feeling go and focus on the here and now and living well. I hope that the OP can do similar but she has no need to forgive him for his sake. He’s cooked his goose.

It’s a really shitty if he has prioritised his partner over his daughter and if he hasn’t acknowledged the input you had to the house being paid off, raising his child etc. but men like him don’t tend to. Good luck with the solicitor.

YANBU. Hopefully he hasn’t written a Will in her favour!

I don’t think there is much point paying for legal advice now. Until a will it produced and you know what is in it what can be done?

The divorce is underway. There may be things she can do to lay the groundwork or put in a claim. Better to be prepared.

You will still have your half of the house.

You don't need to sort this on a weekend, probate is a long winded process, just chill (easier said than done).

You may find that his new girlfriend is actually a human with morals and values who will be concerned about your DDs welfare and doing what is right.

My friends dad (a family well and truely in a different kind of wealth bracket to most of us - high value property & business) tried to cut my friends mum out of the will as she was having an affair, this also created inheritence tax issues and there were half siblings involved too, total mess, my friend (19 at the time) sat down with her mum and a solicitor and unpicked the whole thing, and it all got worked out satisfactorily and fairly in the end. It might not be a quick process but you will get there.

Where the fuck did you read it was going to his mistress?

Put in a claim to challenge a will, the contents of which aren't known?

Is he of sound mind OP? No coersion from new partner to leave assets to her? Discuss this element with your solicitor quickly incase something can be done to prove he doesn't have capacity. Is she younger?
New partner can't sell the house from under you as she needs your signature, but she could go to Court to try and force the sale. That would cost her money to employ a solicitor to do that.

You can submit a copy of his death certificate to Land Registry for free to take his name of your deeds, but it wont erase her entitlement. Wondering whether it would make it harder for her? Chat to your solicitor abt that. There will be a tenants in common restriction on your title now, in theory you should distribute his share of any proceeds in accordance with his Will. But it relies on your honesty! Esp if his name is removed from the title. Ask your solicitor to check what Land Reg do for death of a joint proprietor when a tenants in common restriction is present. I think they will remove his name but the restriction will remain, meaning you should distribute in accordance with the Will. But you could administer it without reference to her (I'm being petty and just wondering whether you can make the admin for her harder, and you would have more control) until you need to pay her. Assuming she is the beneficiary. Could be your daugnter. If not, definitely contest. Good luck. I really hope your daughter inherits.