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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To say getting married to protect your finance is a joke

256 replies

bebanjo · 18/09/2026 23:32

Been married 20 years house fully paid for. He’s divorcing me, his moved in with new partner. He’s severed the joint tenants, refuses mediation now has about 2 weeks to live.

OP posts:
Elsieandme · 19/09/2026 12:35

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.

Bromptotoo · 19/09/2026 12:55

WinterBlues26 · 18/09/2026 23:35

Get a solicitor. Just because your stbxh has done this it doesn't mean he is legally allowed. You cannot sever joint tenants unilaterally.

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.

MILLYmo0se · 19/09/2026 12:55

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

WinterBlues26 · 19/09/2026 13:01

MyrtlethePurpleTurtle · 19/09/2026 10:36

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

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 Flowers

alcovecupboards · 19/09/2026 13:03

KnickerlessParsons · 19/09/2026 11:57

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.

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.

OneDenimLeader · 19/09/2026 13:06

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

Somethinggg · 19/09/2026 13:07

MILLYmo0se · 19/09/2026 12:55

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

No, he can't. Either the prognosis is wrong and he lives long enough to finalise the divorce, in which case his pension (like OPs) is one of the assets of the marriage and available for splitting. Or he doesn't, in which case OP as spouse is going to be in a good position to benefit even if he's been organised enough to make an expression of wishes for his new partner. Which he may not have done. But either way those aren't binding on the trustees.

ThaneOfGlamis · 19/09/2026 13:14

The pension is not part of the estate, as long as he dies before the end of this tax year. That is changing next year to try and stop pensions being used for inheritance tax avoidance. As his wife you are automatically assumed to be financially dependent, so in the scope for consideration. Your daughter is under 23 and has disabilities, so also stands a good chance. Contact the provider once he passes and submit a claim. The trustees will take the expression of wish and will into account, but they are not binding.

Whettlettuce · 19/09/2026 13:17

Dont rush this divorce through, you have a better chance to contest all of it still married to him. What an absolute bastard. I dont suppose when you married him you had something drawn up to protect your house? Seek legal advice as soon as you can

Beckywiththegoodnails · 19/09/2026 13:21

Not sure if this has been said upthread but you and your daughter can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you are not adequately provided for on his death under his will. As you are still married you have a broader claim. You only have 6 months to do this from grant of probate so line up a contentious probate solicitor now. Ensure they are experienced with contentious probate litigation not just simple wills.

As others have said ensure any workplaces and pension administrators are informed about you and that you are still married and your daughter is a dependent as the trustees may have discretion even if he has nominated someone else.

MyrtlethePurpleTurtle · 19/09/2026 13:21

Merrybandofpirates · 18/09/2026 23:48

This isn’t news nor is it a big secret. You can sever the joint tenant without consent from the other owner, if you need to secure your share and protect it before divorce and financial order is finalised. That’s exactly what he is doing. He was ending the marriage but he will die before that, so he has severed the joint ownership in order to claim his share and be able to will it to whoever he wants. That’s exactly what you should do if you’re divorcing someone, to protect your share of the assets in the event that you die, so it can go to who you choose and not your spouse just because the divorce wasn’t finalised.

You’d lose half the house either way - it would have been through the divorce but he has done this because he will die before he can divorce you.

Edited

💯

AprilMizzel · 19/09/2026 13:30

bebanjo · 18/09/2026 23:45

What else do want to know, we spit in march but turns out his been with her since February. His been taken into hospital, new partner rang DD. DD went to see her dad, he was moved that day to hospice.
Iv received a letter to say he had severed joint tenants.

Severing a joint tenancy does not take away anyone's ownership rights or remove them from the property deeds. It only changes how you own the property together.

It can be done without your consent - but can't take away your asset.

So you should still own half the house - so yes he can leave rest to his new DP but you should still own half. I'd see a solitor as soon as possible and make sure you get anything else you think you are entitled to.

MyrtlethePurpleTurtle · 19/09/2026 13:32

BibbityBoppityTwo · 19/09/2026 00:22

This. It just has to be delivered by recorded post to the last know abode or place of business of the person you’re serving the notice to.

Doesn't have to be 'recorded post' - which term in any case hasn't been in use since 2011 🤷‍♀️

MyrtlethePurpleTurtle · 19/09/2026 13:35

CombatBarbie · 19/09/2026 00:28

Well i stand by my comment that its a piss poor law, in divorce, the op is within her rights to request more than 50% of the marital property if she has reasonable cause.

So if he dies and he is still married to OP, as they will only just be at the 20nweeks mark and do the conditional/financials..... does his estate have to go by his will or does it still go to the OP by marital right.

I am genuinely curious......

In England & Wales we have testamentary freedom to leave our stuff to whoever he want. Some countries have law which overrides an individual's freedom in this regard but not England & Wales

MyrtlethePurpleTurtle · 19/09/2026 13:40

ComfortablyUneventful · 19/09/2026 00:35

From ChatGPT

Serious illness can affect someone's mental state, particularly if they were already experiencing symptoms, taking certain medications, or having problems with their kidneys/liver. What matters legally is generally his mental capacity at the time he made the Will, rather than the fact that he subsequently became very ill.

@bebanjo if this year’s life changes were very out of character for him, I’d seriously consider the illness being a reason for this, and it could grounds for contesting the Will.

Cases where a would be beneficiary seeks to challenge a will for lack of testamentary capacity have an incredibly low success rate. Which rate becomes even lower when the will is drafted by a half way competent solicitor (whose file note or check list will confirm the person making the will had testamentary capacity)

TutiFrutti · 19/09/2026 13:45

@bebanjo
I have some experience with a similar scenario. Please choose a solicitor with experience in this field, we didn't get far with one but then had some success with another. Not exactly the same family set up but quite a few similarities.
If you're still down as NOK can you request his medical records? This might give a clue to his state of mind?
Happy to chat if you want to dm me xx

MyrtlethePurpleTurtle · 19/09/2026 13:46

AnnoyedAsAllHeck · 19/09/2026 03:10

When he dies, don't pay a penny towards his funeral.

Why would she? Her husband will either have taken out a prepaid funeral plan or the funeral costs will come out of the estate, if his new partner does not prepay in advance of funeral costs coming out of the estate

IStillHearTheWaves · 19/09/2026 13:47

Sadly, marriage only really benefits the party with no or fewer assets. That's why women are often more keen on getting married - it's them who often takes the career and salary hit after having children. In reality, marriage often does not benefit a woman with assets of her own.

chirrupybird · 19/09/2026 13:50

bebanjo · 18/09/2026 23:40

Well it turns out you can. And if his done this, which requires a solicitor and filed for divorce then his sure as shit made a will

Well half of the house is still yours and you are still his wife so half the marital property should be yours regardless, he can only leave his own money and property in his will. You can check the ownership of the house on the land registry website. If this is very recent you may be able to challenge the will as well, talk to a solicitor.

I don't think he can sell the house unless you agree as he only owns half of it (I assume you were 50:50), if he leaves his half to someone else you would still have to agree to a sale, check the situation with your lawyer.

HowDoYouSolveAProblemLikeMyRear · 19/09/2026 13:52

nofacenonamenonumber · 19/09/2026 06:46

Your partner of 20 years has 2 weeks to live and all you are concerned with is what he does with his money.
You have an opportunity to be better than this

He's cheated on her, left her, and is attempting to give what is morally (and perhaps legally) hers to his mistress.

He only cared about his lust and his money. OP is right to try to ensure she and her daughter have what they rightfully should.

MyrtlethePurpleTurtle · 19/09/2026 13:52

lazyarse123 · 19/09/2026 08:05

He had an opportunity to be better than this and chose not to. He's acted appallingly. What exactly is the value in being the better person?

Enlightened self interest? Bitterness and hatred can be corrosive and if you can't move on from that OP will be the loser.

Whettlettuce · 19/09/2026 13:55

chirrupybird · 19/09/2026 13:50

Well half of the house is still yours and you are still his wife so half the marital property should be yours regardless, he can only leave his own money and property in his will. You can check the ownership of the house on the land registry website. If this is very recent you may be able to challenge the will as well, talk to a solicitor.

I don't think he can sell the house unless you agree as he only owns half of it (I assume you were 50:50), if he leaves his half to someone else you would still have to agree to a sale, check the situation with your lawyer.

Op owned the house and it was completely paid off before she married him. And then she had the bright idea to put him on it as a joint tenant

MyrtlethePurpleTurtle · 19/09/2026 13:57

Quicknamechange2025 · 19/09/2026 08:56

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

I suspect this poster has read all the OP's posts but, you know, has a different view to you and isn't an outright cunt

TutiFrutti · 19/09/2026 13:59

It's also worth remembering that the contents of any joint accounts you have with him become yours upon his death but either party can usually withdraw it at any time. Is there a way of ensuring the OW doesn't have access via his bank cards?

MyrtlethePurpleTurtle · 19/09/2026 14:01

snowmichael · 19/09/2026 09:38

His will, made after being given 2 weeks to live, won't be valid
When working for a firm of solicitors I saw every one of these overturned because the legator was clearly 'not of sound mind'

Edited

Yeah, right - also when you were genuinely seeing pigs flying past...