To worry about the legal side of death.

[Disorder22]

Hi all,just looking for a little bit of advice from anyone whose been in a similar position.So for some context to the issue ,my ex husband has discovered he is terminally ill. We have one DC 11 and are in the middle of divorcing he has a new partner who he lives with.
We haven't told our DC yet ,they live with me full time and see him a few times a week, for this reason ex and myself have decided to tell DC together in the next few days.
As well as the worry of how to break the news another thought I have had is about legal issues.
I stayed in the family home and instead of maintenance he pays the mortgage which is about 480 a month.
As we jointly own the house am I correct in thinking he could leave his share to new partner ? If this is the case could she then force me and DC from the family home?
I'm really worried that being moved and the situation with her dad would be too much for DC.
I haven't broached this with him yet but for obvious reasons but wouldn't mind some help in regard to this.
Thanks

I would post in legal - and see a solicitor. Expensive but worth it.

@pecanpie101 he's been with her over a year however there is suspicion of an affair so I suspect probably longer although I cannot physically prove it.
It should trump it but I'm aware legally it may not

Stop the divorce

So you've submitted your Consent Order to the court, and had that confirmed, and have subsequently applied for the Decree Absolute?

Can you be more precise about “first lot of paperwork”, as it seems odd that you would have got to the stage of agreeing a Consent Order without knowing the tenancy ownership of your house.

SPEAK TO YOUR SOLICITOR NOW

Even if a CO has been fully signed off, there are limited situations in which you can apply to vary it. The “unexpected events” here are positive ones, but I would want to ask a solicitor if terminal illness counted too. There’s also the possibility that he’s deliberately held back the prognosis until this point, which would be another good reason to apply to vary.

Solicitor, tomorrow.

Thanks to the person who said to check the registry as I have and we are joint tenants. I had never been heard of this clause. He can apply to dissolve it but I'm hoping he will be as clueless as I was.
Will still seek legal advice additionally.
Thanks to all

@testina we haven't got a financial order as yet. The first lot of paperwork is the decree nisi which I have signed and returned. The absolute is due back by mid July.
We had made a private arrangement in terms of custody and finances and had discussed the financial order being sorted when I decided to sell the house when DC gets to secondary school.

I would also try to stop divorce. Very possibly new GF will not want to be his carer. He might see the wisdom in preserving his assets for his child rather than a new partner.

I don't think you request it (the absolute) ahead of time, do you? July will be when enough time has passed to apply for the absolute, or whatever it's called now.

Who can apply for the absolute and when used to depend on who had petitioned in the first place, IIRC. So if you were petitioner , you'd have more options to stall.

Anyway, do you already have a solicitor?